THE Election of County Councils UNDER The LocalGovernment Act. 1888 PARKER ^^ ■;0': Wm: 'i-Z' mm^ 1^ K FORMS Rl ELECTIO All the Forms in thi "The Election of THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW S OFFICER :iLLORS, I Writ to E ment) 2 Agreemen. .- . Stations (with Schedule of Polling Stations attached) 3 Notice of Election 4 Nomination Paper 5 Notice of Candidates Validly Nominated ... 6 ,, Withdrawal from Candidature ... 7 Notice to Candidates of Nomination 8 List of Candidates Elected (Contested Election) 9 List of Candidates Elected (Uncontested Election) 10 Objection to Nomination 1 I Candidate's Consent to Nomination 12 Notice of Poll and Polling Stations 13 Appointment of Presiding Officer 14 „ Poll Clerk 15 ,, Counting Assistant 16 ,, Candidate's Representative 17 Notice of Appointment of Polling and Counting Agent IB Instructions to Presiding Officer 19 ,, Counting Assistant 20 „ Polling Agents 2 I Ballot Papers (to order, at a few hours' notice) 22 „ Tendered (on coloured Paper) U^KER, Author of hose prescribed by S. d. each 1 per quire 3 per 100 8 per quire 3 II 3 II 3 II 3 per 100 6 II 6 per quire 3 II 3 per 100 8 per quire 3 II 3 II 3 3 II II 3 per doz. 5 II 3 !• 3 23 Declaration of Secrecy 24 ,, Inability to Read 25 Directions for Guidance of Voters (large) ... 26 „ „ n (small)... 27 List of Tendered Votes 28 ,, Votes marked by Presiding Officer... 29 Ballot Paper Account 30 Statutory Questions 31 Notice of Time and Place for Counting Votes 32 Return to Clerk of County Council ... | 33 Declaration as to Expenses 34 Return, to accompany the above 35 Declaration on Acceptance of Office (also in books) n 3 36 Notice to Candidate of Election, together with Summons to Attend First Meeting of Provisional Council 37 Offences against the Ballot Act 38 Caution to Electors 39 ,, Disturbers of Polling Stations ... 40 Gummed Labels, for Polling Stations, in large type "IN" & "OUT" 4! Poll Sheets (for Counting) also in books ... s. d. per quire 3 M 3 per 100 6 )i 3 perquire 3 )) 3 1) 3 per doz. 2 per 100 6 per quire 6 11 3 II 4 11 3 per 100 10 II 12 It 4 II 1 perquire 3 FORMS REQUIRED BY CANDIDATES. s. d. Agreement for Hire of Committee Room ...perquire 3 Appointment of Candidate's Representative ... ,, 3 Declaration as to Expenses „ 3 Return, to accompany the same ,i 4 Declaration on Acceptance of Office „ 3 Instructions to Polling Agents per doz. 3 Canvass Books per 100 15 Instructions to Canvassers... ,, 3 Notice of Appointment of Polling and Counting Agent perquire 3 Caution to Electors per 100 12 Offences against the Ballot Act „ 10 Voter's Poll Card „ 2 6 (Or if i,ooo or more are ordered, is. per loo) Directions for Guidance of Voters (large) ... ,, 6 (small) ... „ 3 Intimidation or Undue Influence Poster ... „ 10 Notes on Corrupt Practices „ ... „ 6 Instructions to Presiding Officers per doz. 5 q Any other Forms can be Printed specially at a few Hours' Notice. .^.^ ELECTION OF COUNTY COUNCILS UNDER riic ?ioraI (Ttobrrnmrnt .Irt, isss, WITH ESPKCIAI, REFERENCE TO THE FIRST HLFCTIOXS L\ JAXUARY, 1889. FRAXK R. PARKER. Solicitor and Parliamentary Agent; .'v.r ^/ •< T)u r^nvrr /)«/,>, »„ i LUbiUUe, 0/ ,., E.^cti^n Ac^nt and of a R,t„rn!n^ OJicer at P.xHu,Hn,Ury £U,tu,H ,n KngUnJ or II nU, :'• " An Ah .lytual Ind^x and Digett to tlu JuJujlurt Actt iinJ RhUs," etc. LONDON: KNIGHT cS: CO., 90, FLEET STREET, EC. iSSS. LONDON : PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, STAMFORD STREET AND CHARING CROSS. T I egg i ii. TO THE RIGHT HONORABLE Sir JOHN LAMBERT, K.C.B., LATE SECRETARY OF THE LOCAL GOVERNMENT BOARD, IN ACKNOWLEDGMENT OF MANV COURTESIES DURING SEVERAL YEARS OF OFFICIAL INTERCOURSE, I DEDICATE THIS BOOK. 7'591G7 a 2 CONTENTS. Table of Abbreviations ix ,, „ Cases xiii „ ,, Statutes and Riles Cited and in Appendix III. . xxi „ ,, Unapplied Sections of the Municipal Corporations Act, 18S2 xxxii Chapter I. — The County Council II.— Electoral Divisions of the County VI.— Canvassers and Canvassing VII. — Committees and Committee Rooms VIII. — Printing and Advertising IX. — Election Meetings . X. — The Notice of Election . XT. — The Nomination .... XII. — Polling Districts, Polling Places, ani Stations XIII. — Conveyance of Voters to the Poll XIV.— The Poll XV. — Counting the Votes, Declaration of Result, and Reports III.— The Electors 10 IV.— The County Councillor and his Election Staff 14 v.— The Returning Officer, his Staff, and Charges 54 . 74 76 . 81 . 86 ... 88 93 D Polling . 114 . 119 123 137 vi Contents. PACE •53 Chapter XVI. — Election Expenses and Return . ,, XVII. — Time Tables for the First Election . . i66 „ XVIII.— The County Aldermen 173 ,, XIX. — The Chairman of the County Council . . 181 ,, XX. — Acceptance and Resign.\tion of Office and Loss of Qualification 186 „ XXI. — Casual Vacancies 196 ,, XXII. — Corrupt and Illegal Practices and Agency . 199 ,, XXIII.— Relief and Authorised Excuse .... 201 ,, XXIV.— Election Petition and Quo Warranto . . 210 ,, XXV. — Exceptional Provisions as to the County Council for London 225 Appendix I. — Forms 229 „ II. — Opinions of Counsel 248 ,, III.— Statutes and Rules 251 Index 369 PREFACE This book is a companion volume to my " Election Agent and Returning Officer." The principle on which it is written is that of dwelling with similar detail on such portions of the law and practice regulating local government elections as differ from those which prevail at parliamentary elections, and of avoiding the repetition of such portions as are similar to the latter, and as are already fully dealt with in the " Election Agent and Returning Officer." Thus the Chapter on the Nomina- tion is elaborated, while that on Corrupt and Illegal Practices is confined to the few provisions that have been enacted with especial reference to municipal elec- tions, and refers the reader to my other book for further information on the subject. The time afforded to me has been so short that I cannot expect that the present work is by any means perfect, or that many of the opinions I have formed will be accepted unchallenged. The Local Government Act did not receive the Royal Assent until the 13th of August last, and copies were not obtainable from the Queen's printers until the 20th of August last. The system of election dealt with is new and untried ; it is a combination of the municipal and parliamentary systems ; and though it is practically compressed into little more than three sections of the Act (sections 2, 75, viii Preface. and 103), the incorporation or application of numerous other allied statutes makes the ground to be covered very extensive. All that I can claim is that no pains or labour have been spared in the time given to me to make the book as perfect and as safe a guide as was possible to me under the circumstances. The passing of the Local Government Act in the short period of one session was only possible by the unremitting attention of the Minister in charge of the Bill, by the combined aid of an able and zealous per- manent staff and of experienced parliamentary drafts- men, and by the general concurrence of both Houses of Parliament. The giving practical effect to this Act of Parliament now passes into other hands, from whom similar zeal, ability, and attention will be expected ; and I trust this book may in some degree aid in diminishing difficulties, in avoiding dangers, and in bringing the new County Councils safely into existence. F. R. P. 12 New Court, Carey Street, October, 1888. TABLE OF ABBREVIATIONS. A. A. & E Adolphus & Ellis (Queen's Bench Reports, 1834—41). App. Cas The Law Reports, Appeal Cases, 1875 — 1888. Arnold Arnold's Law of Municipal Corporations, 3rd Edition, by S. G. Johnson, 1883. B. B.A The Ballot Act, 1872 (35 & 36 Vict. c. 33). B. & A Barnewall & Alderson (Queen's Bench Reports, 1817 — 22). B. & Ad Barnewall & Adolphus (Queen's Bench Reports, 1830 — 34). B. & Am Barron & Arnold (Election Cases, 1843 — 6). B. & Aust Barron & Austen (Election Cases, 1842). B. & C Barnewall & Cresswell (Queen's Bench Reports, 1823 — 30). B. & P Bosanquet & Puller (Common Pleas Reports, 1804—7). B. & S Best & Smith (Queen's Bench Reports, 1861— 9). Beav Beavan (Rolls Court Reports, 1840 --57). Bing Bingham (Common Pleas Reports, 1822 — 34). Black. Comm Blackstone's Commentaries on the Laws of England. Bracton Bracton de legibus et consuetudinibus Anglice, 1569. Burr Burrow (King's Bench Reports, 1756 — 72). C. C. B Common Bench Reports, or Manning, Grainger and Scott's Reports, 1845—57. C. B. N. S Common Bench Reports, New Series, 1857 — 65. C.E.A The County Electors Act, 1888 (51 Vict. c. 10). CLP. P. A The Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51). C. O. R Crown Office Rules, 1886. C. P. D The Law Reports, Common Pleas Division, 1875 — 88. C. & R Cockburn & Rowe (Election Cases, 1833). Car. & Marsh Carrington & Marshman (Nisi Prius Reports, 1842). Ch. D The Law Reports, Chancery Division, 1875 — 88. Chit Chitty (Queen's Bench Reports, 1819—20). CI. & F Clark & Finelly (House of Lords Reports, 1831—46). C. L. R Common Law Reports, 1855 — 6. Co. Litt Coke's Littleton, 1st Institute. Colt Coltman's Registration Cases, 1879 — 85. X Table of Abbreviatiojis. D. D. & M Davison & Merrivale (Queen's Bench Reports, 1843 — 4). D. L Dowling & Lowndes (Queen's Bench Reports, 1844 — S). Dowl Dowling (Practice Reports, King's Bench, 1830 — 41). D. & R Dowling & Ryland (Queen's Bench Reports, 1822 — 8). E. E. & B Ellis & Blackburn (Queen's Bench Reports, 1851— 8). E. & E Ellis & Ellis (Queen's Bench Reports, 1858—61). East East (King's Bench Reports, 1801 — 14). Election Agent Parker's Election Agent and Returning Officer, 1885. Ency. Britt Encyclopoedia Britannica, 9th Edition, 1875. Esp Espinasse (Xisi Prius Reports, 1793 — 1807). Ex. D The Law Reports, Exchequer Division, 1875 — 80. F. F. & F Falconer & Fitzherbert (Election Cases, 1835 — 8). Fox Fox (Registration Cases, 1886—7). G. G. & D Gale & Davison (Queen's Bench Reports, 1841 — 3). H. H. & C Hurlstone & Coltman (Exchequer Reports, 1862 — 5). H. L. Cas Clark's House of Lords Cases, 1847 — 66. H. & N Hurlstone & Norman (Exchequer Reports, 1856 — 61). Heyw. Co Heywood on County Elections, 2nd edition, 1812. H. & P Hopwood & Philbrick (Registration Cases, 1863—7). Hop. & C Hopwood & Coltman (Registration Cases, 1868 — 78). J. J. P Justice of the Peace. Jur Jurist (Reports, 1837—54). Jur. N. S Jurist, New Series (Reports, 1855—66). K. K. & G Keene &■ Grant (Registration Cases, 1854 — 5). K. & O Knapp & Ombler (Election Cases, 1834 — 5). L. L.G.A The Local Government Act, 1888 (51 & 52 Vict. c. 41). L. J. C. P Law Journal Reports, Common Pleas, 1823 — 84. L. J. M. C Law Journal Reports, Magistrates Cases, 1823. L.J. Q. B Law Journal Reports, Queen's Bench, 1823 — 84. L. M. & P Lowndes, Maxwell & Pollock (Practice Cases, 1850—51). Table of A bbreviations. xi L. R. C. P Law Reports, Common Pleas, 1S65 — 75. L. R. Eq Law Reports, liquity, 1865 — 75. L. R. Ex Law Reports, Exchequer, 1865 — 75. L. R. H. L Law Reports, House of Lords, 1866 — 75. L. R. Ir Irish Law Reports. L. R. Q. B Law Reports, Queen's Bench, 1865—75. L. T Law Times Reports, New Series, 1S59 — 88. L. T. N Law Times Newspaper. Ld. Keny Lord Kenyon (King's Bench Reports, 1S19 — 25). Lud Luders (Election Cases, 17S4— 7). Lutw Lutwyche (Registration Cases, 1843 — 53). M. Mack. & L jNIackenzie & Lushington's Registration Manual, 1S88, Maxwell Maxwell on the Interpretation of Statutes, 1875. M.C.A The Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50). M. E.C.I. P. A The Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70). M. & G Manning & Grainger (Common Pleas Reports, 1840 — 4). M. G. & S Manning, Grainger & Scott (Common Pleas Reports, 1845-7). Moore Moore (Privy Council Appeals, 1836 — 62). M. & P Moore & Payne (Common Pleas Reports, 1827—31). M. & R Moody & Robinson (Nisi Prius Reports, 1830 — 44). M. & S Maule & Selwyn (Queen's Bench Reports, 1813 — 17). M. & W Meeson & Welsby (Exchequer Reports, 1836—47). N. & M Neville & Manning (Queen's Bench Reports, 1832—6). N. & P Neville & Perry (Queen's Bench Reports, 1836—38). O. O'M. & H O'Malley & Hardcaslle (Reports of Election Petitions, 1869—86). P. P. & D Perry & Davison (Queen's Bench Reports, 1838 — 41). P. & K Perry & Knapp (Election Cases, 1833). P. R. & D Power, Rodwell & Dew (Election Cases, 1847—56). Print. Min Minutes of Evidence taken on the trial of Election Peti- tions, and printed by order of the House of Commons. Q. B Queen's Bench Reports, 1841 — 52. Q. B. D The Law Reports, Queen's Bench Division, 1875—88. xii Tabic of Abbreviations. R. Rawlinson Rawlinson's Municipal Corporations, 8th edition, 1884. Roe Roe on Elections, 2nd edition, 1818. Rog Rogers on Elections, 14th edition, 18S5. Rules, 1883 General Rules under the M.C. A., 1883. S. S, c Same Case. Salk.' Salkeld (King's Bench Reports, 1695—1704)- Scott Scott (Common Pleas Reports, 1834— 40). Scott N-S Scott, New Series (Common Pleas Reports, l?56-65). Stra Strange (Queen's Bench Reports, 1716—47). T. 'Y. L. R Times Law Reports, 1884—8. t' R Term Reports (King's Bench, 1785— 1800). W. ^V. Bl William Blackstone (Queen's Bench Reports, 1746—79). "Vv' 5c D Wolferstan & Dew (Election Cases, 1857—8). "W. ]vj Weekly Notes, 1866 — 88. "W. R Weekly Reporter. 1852—88. TABLE OF CASES. A. Abel V. Lee (L. R. 6 C. V. 365 ; 40 L. J. C. P. 154; 19W. R. 625; 23 L. T. 844), 35 Ablett V. Basham (5 E. & B. 1019 ; 25 L. J. Q. B. 230; 2 Jur. N. S. 285), 96 Aldridge v. Hurst (l C. P. D. 410 ; 45 L. J. C. P. 431 ; 24 W. R. 708 ; 35 L. T. 156), 212 Allen V. Greensill (4 M. G. & S. 100 ; 16 L. J. C. P. 142 ; I Lutvv. 592 ; II Jur. 476), 31, 95 Ashton - under - Lyne, 1885 (not re- ported), 140, 147 Aslatt V. Corporation of Southampton (16 Ch. D. 143 ; 50 L. J. Ch. 33 ; 29 W. R. 147 ; 43 L. T. 464 ; 45 J. P. Ill), 193 Atherton, Ex park {2 T. L. R. 631), 194 Athlone (B. & Arn. 122), 91 (19 L. T. 530), 213 Avrton, Ex parte (2 T. L. R. 215 ; 80 L. T. N. 153), 204, 205 Baker v. Locke (11 L. T. 567; 18 C. B. N. S. 52 ; 34 L. J. C. P. 49 ; I H. &P. 137; 13 W, R. 258; II Jur. N. S. 65), 36 V. Town Clerk of Monmouth (34 W. R. 64), 38 Barrow-in-Furness (4 O'M. & H. 80 ; 54 L. T. 6x8), 68, 83, 84 Beal V. Town Clerk of Exeter (20 Q. B. D. 300 ; 57 L. J. Q. B. 128 ; 58 L. T. 407), 32 Beale v. Smith (L. R. 4 C. P. 145 ; 38 L. J. c. P. 145 ; 17 w. R. 317), 213 Bedford (C. & R. 87 ; P. & K. 139), 130 Belfast (B. & Aust. 555), 61 Bennett v. Brumfitt (L. R. 3 C. P. 28 ; 37 L. J. C. P. 35 ; 16 W. R. 131 ; 17 L. T. 213 ; I H. & P. 407), 90 Berry v. Harris (L. R. i C. P. 159), 30 Berwick-on-Tweed (3 O'M. & PL 178 ; 44 L. T. 289), 142, 146, 147 Bettesworth v. Allingham (16 Q. B. D. 44 ; 34 W. R. 296 ; 2 T. L. R. 66), 82, 84 Birkbeck, Ex parte (L. R. 9 Q. B. 256), 220 Birmingham [Times Newspaper, 15 March, 1888), 207 Elackwell v. England (8 E. & B. 541 ; 27 L. J. Q. B. 124 ; 3 Jur. N. S. 1302), 96 Blades v. Lawrence (L, R, 9 Q. B. 374; 43 L- J- Q- B. 133; 22 \Y. R. 643 ; 30 L. T. 378), 90, 91 Bond V. Overseers of St. George's, Hanover Square (L. R. 6 C. P. 312 ; 40 L. J. C. P. 47 ; 19 W. R. loi ; 23 L. T. 494 ; I Hop. & C. 427), 32, 96 Bowden v. Besley (21 Q. B. D. 309 ; 59 L. T. 219), 98 Bradford (19 L. T. 573), 213 Brewell, Ex parte, re Bowie (43 L. T. 580 ; 16 Ch. D. 484 ; 50 L. T- Ch. 384; 29 W. R. 299; 43 L. T. 580), 96 Britt v. Robinson (L. R. 5 C. P.'SoS ; 39 L. J. C. P. 265 ; 18 W. R. 866 ; 23 L. T. 188), 157 Buckrose (Dec. 18S6 ; not reported), 145 Budge V. Andrews (3 C. P. D. 510; 47 L. J. C. P. 586 ; 39 L- T. 166), 97 Burgoyne v. Collins (8 Q. B. D. 450 ; 51 L.J. Q. B. 335; 30 W. R.923; 46 J. P. 390), 99, 103, 214 XIV Table of Cases. Canterbury (K. & O. 134), 130 Canterbury, 2nd (K. & O. 326), 129 Chelsea (2 T. L. R. 374). 204, 205 Chester (44 L. T. 286), 214 Churchill v. Crease (5 Bing. 180; 2 M. & P. 415), 120 Clark, Ex parte (52 L. T. 260; i T. L. R. 243), 82, 204, 205 Clark V. Overseers of Bury St. Edmunds (I C. B. N. S. 23; 3 Jur. N. S. 645), 39 V. Wallond (52 L. J. Q, B. 321 ; 31 W. R. 551 ; 48 L- T. 762 ; 47 J. P, 551), 213 Clementson v. Mason (L. R. 10 C. P. 209; 44 L.J. C. P. 171; 23 W. R. 620; 32L. T. 325), 132, 139 Collins V. Price (5 C. P. D. 544 ; 49 L. J. C. P. 685), 215 Colvill V. Wood (2 C. B. 210; 15 L. J. C. P. 160 ; I Lutw. 483 ; 10 Jur. 336), 41 Coogan V. Luckett (2 C. B. 182 ; 15 L. J. C. P. 159 ; I Lutw. 447 ; 10 Jur. 141), 41 Cook V. Humber (il C. B. N. S. 33 ; 31 L. J. C. P. 73 ; 10 W. R. 427 ; K. & G. 413 ; 8 Jur. N. S. 698), 30 Costar V. Hetherington (i E. & E. 802 ; 28 L. J. M. C. 198 ; 5 Jur- N. S. 985), lOI Creek, re (3 B. & S. 459; 32 L. J. Q. B. 89; II W. R. 234; 7 L. T. 596 ; 9 Jur. N. S. 646), 29 Cumberland Elections, re (30 Solicitors' Journal, 749, 755, 772), 66 D. Daniel v. Coulsting (7 M. & G. 122 ; 8 Scott, 949; 14 L. J. C. P. 70; I Lutw. 230 ; 9 Jur. 258), 28, 29 Darkin, Ex parte {Tunes Newspaper, 17 Dec. 1885), 207 Darley ;:'. The Queen (12 CI. & F. 520), 220 Dartmouth (B. & Arn. 460), 43 Dashwood v. Ayles (16 Q. B. D. 295 ; 55 L. J. Q. B. 8 ; 34 W. R. 53 ; 53 L. T. 588 ; 50 J. P. 1 32 ; I Colt. 486), 40 Delane v. Hillcoat (9 B. & C. 310; 4 M. & R. 175), 41 Devonport (2 T. L. R. 346), 78 Dobson V. Jones (5 M. & G. 112 ; 8 Scott, 80; 13 L. J. C. P. 126; I Lutw. 105), 39 Downing v. Luckett (5 C. B. 40; 17 L. J. C. P. 31 ; 2 Lutw. 33 ; " J^"^- 993), 28, 29 Downton (i Lud. 264), 147 Dublin (I P. R. &D.) 193 ^ „ , Durant v. Carter (L. R. 9 C P. 261 ; 43 L. J. c. P. 17 ; 22 w.R. 155; 29 L. T. 681 ; 2 Hop. & C. 142), E. Edwards 7'. Lloyd (20 Q. B. D. 302 ; 57 L. J. Q. B. 121 ; 58 L. T. 409), 38 P. Flatcher v. Boodle (18 C. B. N. S. 152 ; 34 L. J. C. P. 77 ; I3 W. R. 340; II L. T. 630; I H. &P.238; II Jur. N. S. 67), 36 Fletcher v. Hudson (7 Q. B. D. 61 1 ; 51 L.J. Q. B. 48; 30 W.R. 349 ; 46 L. T. 125 ; 46 J- P- 372), 42 , ^ , V. Saunders (49 J. P. 424), ^94 Flintham v. Roxburgh (17 Q. B. D. 44 ; 55 L. J. Q. B. 472 ; 34 W. R. 543; 54 L. T. 797; 50 J- P- 311), 23, 24 Ford V. Drew (5 C. P. D. 59; 49 L. J. C. P. 172; 28 W. R. 137; 41 L. T. 478 ; 44 J- P. 58 ; I Colt. I), 32 V. Hart (L. R. 9 C. P. 273 ; 43 L. J. C. P. 24; 22 W. R. 159 ; 29 L. T. 685 ; 2 Hop. & C. 167), 33 V. Pye (L. R. 9 C. P. 269 ; 43 L. J. C. P. 21 ; 22 W. R. 159 ; 29 L. T. 684; 2 Hop. & C. 157), 32 Fox V. Davies (6 C. B. ii ; iS L. J. C. P. 48 ; 2 Lutw. 97 ; 13 Jur. 155), 36 Frost V. Mayor, etc., of Chester (5 E. & B. 531 ; 25 L. J. Q. B. 61 ; 2 Jur. N. S. 114), 180, 185, 221 G. Gal way (l O'M. & H. 304), 2II County {2 O'M. & H. 49), 157 Gilham v. Harris (L. R. i C. P. 158), 30 Gosling V. Veley (7 Q. B. 439), 24 Gothard v. Clarke (5 C. P. D. 253 ; 49 L. J. C. P. 474 ; 29 W. R. 102 ; 42 L. T. 776 ; 44 J. P. 587), 98, 99, 103, 104 Table of Cases. XV Grant v. Guiness (17 Scott, 190 ; 25 L. J. C. P. 66 ; I Jur. N. S. 1217), 158, 159 v. Overseers of Pagham (3 C. P. D. 80 ; 47 L. J. C. P. 59 ; 26 W. R. 169 ; 37 L. T. 404 ; 2 Hop. & C. 384), 45 Green v. Hall (W. N. 18S0, p. 146), 213 Greenway v. Batchelor (12 Q. B. D. 381; 47 J. P. 792), 30 H. Hardwick v. Brown (L. R. 8 C. P. 406 ; 21 W, R. 639 ; 28 L. T. 502), 190, 194 Hargreaves v. Hopper (i C. P. D. 195 ; 45 L. J. C. P. 105 ; 24 W. R. 186; 33 L. T. 530), 28 V. Scott (4 C. P. D. 21 ; 27 W. R. 323 ; 40 L. T. 35), 73 Harmon v. Park (7 Q. B. D. 369 ; 50 L. J- Q. B. 775 ; 45 L- T. 174; 45 J. P. 714), 95> 98 Harris, re (6 A. & E. 475), 222 Harrison v. Carter (2 C. P. D. 26 ; 46 L. J. C. P. 57 ; 25 W. R. 182 ; 35 L. T. 511 ; 2Hop. &C. 324). 38 Hart, re (2 T. L. R. 24), 203, 205 Harwich, Mayor of v. Gant (5 E. & B. 182; I Jur. N. S. 708), 150 Haslope v. Thome (i M. & S. 103), 96 Heartley v. Bankes (5 C. B. N. S. 40 ; 28 L. J. C. P. 144 ; K. & G. 219; 5 Jur. N. S. 492), 40 Heath v. Haynes (3 C. B. N. S. 3S9 ; 27 L. J. C. P. 50 ; 4 Jur. N. S. 664), 40 Henrette v. Booth (15 C. B. N. S. 500; 33 L. J. C. P. 61 ; 12 W. R. 173 ; 9 L. T. 392; I H. & P. 23; 9 Jur. N. S. 1293), 30 Henry v. Armitage (12 Q. B. D. 257 ; 32 W. R. 192), 95, 99 Hereford (19 L. T. 703), 214 Hewer v. Cox (3 L. T. 508 ; 30 L.J. Q. B. 73 ; 9 W. R. 143 ; 6 Jur. N. S. 1339), 96 Honeybourne z*. Hambridge {18Q. B. D. 418 ; 56 L. J. Q. B. 46 ; 35 W. R. 520; 56 L. T. 365; 51 J. P. 103; I Fox 26), 37 Hounsell v. Sutill (19 Q. B. D. 498; 56 L. J. Q. B. 502 ; 36 W. R. 127 ; 57L.T. 102; 5 1 J. P. 440). 176, 177 Howes V. Turner (i C. P. D. 670 ; 45 L. J. C. P. 550; 35 L. T. 58), 91, 100, 103 Hughes V. Overseers of Chatham iz^ M. & G. 54 ; I Lutw. 51 ; 7 Scott, 581 : 13L.J.C.P.44; 7 Jur. 1136), Hunnings v. Williamson (11 Q. B. D 533 ; 52 L. J. Q. B. 416 ; 32 W. R. 267; 49 L. T. 361), 43 Ipswich (31st March, 1S86), 154 (3 T. L. R. 397), 206 J. Jones V. Bubb (L. R. 4 C. P. 468 ; 1% L. J. C. P. 57 ; 17 W. R. 205 ; 19 L. T. 483 ; I Hop. & C. 128), 34 K. Kennington (4 O'M. & H. 93 ; 54 L. T. 62S), 85, 154, 156, 157 Kidderminster (2 O'M. & H. 172), 211 Knight V. Crockford (i Esp. 190) 177 Le Feuvre i'. Lankester (3 E. & B. 530 ; 23 L. J. Q. B. 254 ; 2 C. L. R. I.J.26 ; 18 Jur. 894), 43, 189 Lenham v. Barber (10 Q. B. D. 293; 52 L. J. Q. B. 312 ; 21 W. R. 428 ; 48 J. P. 23), 213 Lewis V. Carr (i Ex. D. 4S4 ; 46 L. T- Ex. 314; 24 W. R. 940; 36 L. T. 44), 42, 43, 189 Limerick (P. & K. 373), 108 Lincoln (25 July, 1884; not reported), 205, 209 Line v. Warren (14 Q. B. D, 73 ; 54 L. J. Q. E. 291 ; 52 L. T. 258), 97 Londonderry (P. & K. 272), 108 Lowestoft (4 T. L. R. 38), 209 Lyme, Cozen's case (B. & Aust. 463), 31 , Hick's case (B. & Aust. 460), 31 Regis { B. & Aust. 4S6), 30 M. Maidstone (Rog. 1204), 43 Marcus v. General Steam Navigation Co. (35 L. T. 353), 73 XVI Table of Cases. Margarill v. Overseers of Whitehaven (i6 Q. B. D. 242), 37 Mashiter v. Duna (6 C. B. 30; iS L. J. C. P. 13 ; 2 Lutw. 112; 12 L. T. 197), 37 Mason v. Bibby (2 H. & C. 881 : 33 L. J. Ex. 105 ; 12 W. R. 382 ; 9 L. T. 692 ; 10 Jur. N. S. 519). 96 Mather v. Brown (i C. P. D. 596 ; 45 L. T. C. P. 547 ; 24 W. R. 736 ; 34 L. T. 86q), 95 > 176 Mathews, Ex parte (2 T. L. R. 548), 205, 207 Maude v. Lowley (L. R. 9 C. P. 165 ; 43 L. J. C. P. 105 ; 30 L. T. 168), 212, 213 Mayburj' r. Mudie (5 M. G. & S. 283 ; 17 L. J. C. P. 95; 5 D. &L. 360; 12 Jur. 80), 95 Mayo (2 O'M. & H. 191), 104 McLean '/. Pritchard {20 Q. B. D. 2S5 ; 58 L. T. 337), 28 McLaren v. Home (7 Q. B. D. 477 ; SO L. J. Q. B. 658 ; 30 W. R. 85 ; 45L. T. 350; 46 J. P-85), 215 Middleton z'. Simpson (5 C. P. D. 183 ; 49 L. J. C. P. 312 ; 28 W. R. 629 ; 44 J. P. 251), 23 Miles V. Mcllwraith (8 App. Cas. 120 ; 52 L. J. P. C. 17; 31 W. R. 591; 48 L. T. 689), 44 Moger 'J. Escott (L. R. 7 C. P. 158 ; 41 L. J. C. P. 86 ; 20 W. R. 368 ; 26 L. T. 99 ; I Hop. & C. 645), 35 Monks V. Jackson (l C. P. D. 683 ; 46 L. J. C. P. 162 ; 35 L. T. 95), 100, 103, 104 Monmouth (K. & O. 413), 127, 129 Moorhouse v. Linney (15 Q. B. D. 273 ; 33 W. R. 704 ; 53 L. T. 343 ; 49 J. P. 471), 91, 9i, 98, 104 Morishz/. Harris (L. R. i C. P. 155 ; 35 L. J. C. P. loi ; 14 W. R. 479 ; 13 L. T, 762; 12 Jur. X. S. 627), 30, 31 New Ross (2 P. R. & D. 1S9), 46 Sarum (P. & K. 255), 129 Windsor (K. & O. 153), 31 Nicholson v. Fields (7 H. & X. 810 ; 21 L. J. Ex. 233; 10 W. R. 304), 42 Xield V. Batty (L. R. 9 C. P. 104; 43 L. J. C. P. 73 ; 22 W. R. 407 ; 29 L. T. 747), 213 Xonhcote v. Pulsford (L. R. 10 C. P. 476 ; 44 L T. C. P. 217 ; 23 W. R. 700; 32 L. T. 602), 98, 105, ^43 Norwich (I O'M. & H. 8), 214 (4 O'M. .S: H. 84), 86, 155, 157, 203 (27 March, 1886 ; Print. Min. 67, 78), 85 Nunn V. Denton (7 M. & G. 66; I Lutw. 178; 8 Scott, 794; 14 L. J. C. P. 43)> 28, 29 Oldham (i O'M. & H. 151), 124, 129, 132 Osgood V. X'elson (41 L. J. Q. B. 337 ; L. R. 5 H. L. 636), 90 P. Paddon v. Winch (L. R. 20 Eq. 449), Parker, re (21 Ch. D. 408 ; 52 L. J. Ch. 159 ; 47 L. T. 633), 163 Penryn (i O'M. & H. 127), 156, 15S Case of Mayor of (i Stra. 582), 222 Peter v. Kendall (6 B. & C. 703), 222 Phillips V. Gofr(l7 Q. B. D. 805 ; 55 L. J. Q. B. 512} 50 J. P. 614), 142, 146 Pickering v. James (L. R. 8 C. P 489 ; 42 L. J. C. P. 217; 21 W. R. 786 ; 29 L. T. 210), 125, 126 V. Startin (28 L. T. Iii),.i43 Piercv v. Maclean (L. R. 5 C. P. 252 ; 39 L. J. C. P. Ill ; 18 W. R. 732 ; 21 L. T. 213 ; I iiop. & C. 371), 28 Pitts V. Smedley (7 >L & G. 85 ; 8 Scott, 907 ; 14 L. J. C. P. 73 ; 9 Tur. 69 ; I Lutw. 196), 39 PoA-ell V. Boraston (18 C. B. N. S. 175; 34 L.J. C. P. 73; 13 W- R- 465 ; II L. T. 734; I H. & P. 179 ; II Jur. X. S. 160), 30 V. Bradlev (iS C. B. N. S. 65 ; 34 L. J.' C. P. 67 ; 13 W. R. 272; II L. T. 602; I H. & P. 159; 10 Jur. N. S. 1240), 28 V. Farmer (18 C. B. N. S. 168 ; 34 L. J. C. P. 71 ; 13 W. R. 467 ; II L. T. 736; I H. cS: P. 172; II Jur. X. S. 162), 30 V. Guest (iS C. B. X. S. 80 ; 33 L. J. C. P. 69 ; 13 W. R. 274 ; II L. T. 599 ; I H. & P. 149 ; 10 Jur. X. S. 1238). 32, 33 Table of Cases. xvii Preece -'. Pulley (49 L. J. C. P. 6S6), 212 Pretty v. Solly (26 Beav. 610 ; 33 L. T. 72), 120 Pritchard v. Mayor, etc., of Piangor (13 App, Cas. 241 ; 57 L. J. Q. B. 313 ; 58 L. T. 502), 25, 56, 57, 59, 103, 104, 106, 141, 147, 149, 150, 179 Pryce v. Belcher (4 C. B. 866; 16 L. J. C. P. 264), 129 E. R. V. Armstrong (25 L. J. Q. B. 238 ; 2 Jur. N. S. 211), 221 — V. Avery {18 Q. B. 576; 21 L. J. Q. B. 153 J 17 Jur. 194), 96, 98, 177 — V. Backhouse (L. R. 2 Q. B. 16 ; 7 B. & S. 911), 222 — z'. Bankes (3 Burr. 1454 ; I W. Bl. 445), 221 — V. Barford (Rawlinson, 92), 42 — z\ Barzey (4 M. & S. 253), 223 — V. Benney (i B. & Ad. 684), 223 — v. Blizard (L, R. 2 Q. B. 55 ; 7 B. & S. 922), 24, 190, 222 — V. Bower (i B. & C. 5S5 ; 2 D. & R. 842), 18S — z'. Bradley (3 E. & E. 634 ; 30 L. T. Q- B. 180; 9 W. R. 372; 3 L- T. 753 ; 7 Jur. N. S. 757), 95, 176 — V. Brame (4 A. & E. 664), 223 — V. Cambridge (4 Burr. 2008), 221 — V. Clarke (i East, 38I, 223 — V. Collins (2 Q. B. D. 30; 46 L. J. Q. B. 257 ; 36 L. T. 192), 222 — V. Cooban (18 Q. B. D. 269 ; 56 L. J. M. C. 33; 51 J- ^- 500), 193 — V. Courtenay (9 East, 246), 222 — V. Cousins (L. R. 8 Q. B. 216), 222 — z: Coward (16 Q. B. 819 ; 20 L.J. Q. B. 359; 15 Jur. 726), 91, 96, 97 — V. Dawes (4 Burr. 2022), 221 — V. Deighton (5 Q. B. 896 ; 13 L. J. Q. B. 241 ; D. & M. 683 ; 8 Jur. 686), 96 — V. Diplock (L. R. 4 Q. B. 549 ; 38 L. J. Q. B. 297 ; 17 W. K. 823 ; 10 B. & S. 613 ; 21 L. T. 24), 222 — V. Ditcheat (9 B. & C. 176 ; 4 M. & R. 151), 28 — V. Dixon (15 Q. B. 33 ; 19 L. J. Q. B. 363; 14 Jur. 811), 23 z\ Dudley (7 Dowl. 700), 223 V. Dudley (u A. & E. 886), 174 V. Duke of Richmond (6 T. R. 560), 32 V. Dyott (L. R. 9 Q. B. 47; 51 L. J. M. C. 104; 30 W. R. 799; 47 J. P. 54), 36 V. Eastern Counties Railway Co. (5 E. & B. 974 ; 25 L. J. M. C. 49 ; 2 Jur. N. S. 161), 36 i/.Fox (8E.&B.399; 21 L.J.Q.B. 151 ; 4 Jur. N. S. 410), 220 ■ V. Francis (18 Q. B. 526 ; 21 L. J. Q. B. 304; 16 Jur. 1046), 43, 220, 222 • V. Greene (2 Q. B. 460 ; 2 G. & D. 24; 6 Jur. 777), 187 (4 Q. B. 646 ; 6 jur. 896), 223 V. Gregory (i E. & B. 600 ; 22 L. J. Q. B. 120; 17 Jur. 272), 91, 96 v. Plalesworth (3 B. & Ad. 717), 38 V. Hammond (17 Q. B. 772 ; 21 L. J. Q. B. 153; 16 Jur. 194), 31, 95, 96 z\ Hampton (6 B. & S. 923 ; 15 W. R. 43 ; 13 L. T. 431 ; 12 Jur. N. S. 583), 221 V. Harrald (L. R. 8 Q. B. 418 ; 42 L. J. Q. B. 211; 21 W. R. 910 ; 28 L. T. 767), 99, 127 (L. R. 7 Q. B. 362; 41 L. T. Q. B. 173 ; 20 W. R. 328 ; 26 L. T. 616), II V. Hay ward (2 B. & S. 585 ; 31 L. J. M. C. 177; 10 W. R. 558; 6 L. T. 285 ; 9 Jur. N. S. 45), 221 V. Hodge (2 B. & A. 344 «.), 222 V. Hodgson (4 Q. B. 648 «. ; 11 L. J. Q. B, 219; 6 Jur. 968), 220 V. Ireland (L. R. 3 Q. B. 130 ; 37 L. J. Q. B. 73 ; 16 W. R. 358 ; 9 B. & S. 19; 17 L. T. 466), 37 V. Judge of Bloomsbury County Court (17 Q. B. D. 794 ; 56 L. T. 321 ; 51 J. P. 212), 70, 72 V. Justices of Herefordshire (l Chit. 700), 220 V. Justices of Middlesex (3 D. & L, 109; 14 L.J. M. C. 139; 9 Jur. 758), 88 • V. Justices of Shropshire (8 A. & E. 173), 88 - V. Justices of Worcester (7 Dowl. 7S9), lOI - V. Kemp (I East 46 «.), 222 - V. Lofthouse (L. R. i Q. B. 433 ; b XVI 11 Table of Cases. 35 L. J. Q. B. 141 ; 14 W. R. 649 ; 7 B. & S. 447 ; 14 L. T. 359), 223 R. V. Mayor, etc., of Bangor (18 Q. B. D. 349; 56 L. T. Q- B. 326; 35 W. R. 158; 56 J. r. 51), 25, 147, 179, 188, 191 — V. Mayor, etc., of Bradford {20 L. J. Q. B. 227 ; 2 L. M. »t P. 35^' 179 ., , , A P IT — V. Mayor of Bridgnorth (10 A. & t. 66;2P. &D. 3i7;3 Jur.384), 35 — V. Mayor of Chipping Wycombe (44 L. J. Q. B. 82; 32 L. T. 204), 31 — V. Mayor of Colchester (2 T. R. 259), 221 — V. Mayor of Exeter (L. R. 4 Q. B. no; 19 L.T. 397)> 96 , Dipstale's case (L.R.4Q.B. 114; 19L.T. 432), 32 , Westcombe's case (L. R. 4 Q. B. no ; 19 L. T. 397). 32 — V. Mayor of Eye, Evans case (9 A. & E. 679 ; 2P.&D.348), 29 -, Neobard's case (9 A. & E. 670 ; 2 P. & D. 348), 29 — V. Mayor, etc., of Hartlepool (2 L. M. & P. 666 ; 21 L. J. Q. B. 71; 15 Jur. 1158), 98, 177 — V Mayor, etc., of Leeds (li A. & E. 512; 4 P. & D. 632), 221 ^ f. Mayor, etc., of Lichfield (2 Q. B. 693 ; 2 G. & D. 10 ; 6 Jur. 624), 36, 38 — V. Mayor of New Windsor (7 Q. B. 908 ; 13 L. J. Q. B. 337), 36 — V. Mayor of Oxford (6 A. & E. 349 ; I N. & P. 474), 221 — V. :Mayor of Welchpool (35 L. T. 594), 106, 194, 195 — V. Mayor, etc., of Wigan (14 Q.B.D. 908; 54L.J.Q.B.338; 33W.R. 547 ; 52 L. T. 435 ; 49 J. P. 372), 191 — V. Mayor, etc, of Wilton (34 W. R. 273), 176, 177, 178 — V. Mayor of Winchester (7 A. & E. 215 ; 2 N. & P. 274), 221, 222 — V. McGowan (11 A. & E. 869; 3 P. & D. 557 ; 4 Jur. 913), 174, 222 — V. Mitchell (10 East, 511), 32, 33 — V. New Radnor (2 Ld. Keny. 498), 222 R. V. North Curry (2 B. & C. 953 ; 7 D. & R. 424), 31 — V. Owens (2 E. & E. 86 ; 28 L. J. Q. B. 316 ; 5 Jur. N. S. 764), 24, 180, 184, 185 — V. Parkinson (L. R, 3 Q. B. 11 ; ?7 L. J. Q. B. 52; 16 W. R. 78; 8 B. & S. 769 ; 17 L. T. 169), 97, 99 — V. Parkyns (3 B. & A. 668), 174 — V. Parry (6 A. & E. 810 ; 2 N. & P. 414), 221, 222, 223 — V. Phippen (7 A. & E. 966), 222 — V. Plenty (L. R. 4 Q. B. 346 ; 38 L. J. Q. B. 205 ; 17 W. R. 792 ; 9 B. & S. 386 ; 20 L. T. 521), 176 — V. Preece (5 Q. B. 94 ; 12 L. J. Q. B. 335 ; 7 Jur. 896 ; D. & M. 156), 188, 220 — V. Price (8 Moore 203), loi • — V. Proprietors of Nottingham Journal (9 Dowl. 1042), 224 — V. Quayle (11 A. & E. 508 ; 5 Jur. 386), 221, 222 ■- — V. Richmond (11 W. R. 65), 188 — V. Rippon (I Q. B. D. 217; 45 L. J. Q. B. 188; 24 W. R. 363; 34 L. T. 444), 222 — V. Rowley (3 Q. B. 143 : 6 Jur. 872 ; in error 6 Q. B. 668 ; 14 L. J. Q. B. 62; 8 Jur. 1170), 197 — V. Russell (10 B. & S. 91 ; 17 W. R. 402 ; 19 L. T. 686), 221, 222 — V. St. Nicholas, Rochester (5 B. & Ad. 219 ; 3 N. & M. 21), 28 — V. St. Pancras (2 Q. B. D. 581 ; 46 L. J. M. C. 243 ; 25 W. R. 827 ; 37 L. T. 126), 28 — V. Sargent (5 T. R. 466), 32, 221 — V. Slatter (ll A. & E. 505; 3 P. & D. 263 ; 4 Jur. 316), 221 — V. Slythe (6 B. & C. 240; 9 D. & R. 226), 223 — V. Spratley (6 E. & B. 363 ; 25 L. J. Q. B. 257 ; 2 Jur. N. S. 735). 91. 96 — "'. Stacey (i T. R. i), 222 — V. Stanley (il A. & E. 869; 3 P. & D. 561), 174, 176 — V. Swyer (10 B. & C. 486), 222 — V. Symmons (4 T. R. 223), 223 — V. Taylor (3 Salk. 231), 24 — V. Thirlwin (9 L. T. 731), 223 ~v. Thwaites (l E. & B. 704; 22 L. J. Q. B. 238; 17 J-ar. 712], 129 — V. Trevenen {2 B. & A. 339), 222, 223 — V. Tugwell (L. R. 3 Q. B. 704 ; 38 L. J. Q. B. 12; 16 W. R. Table of Cases. XIX 1039; 9 B. & S. 367), 91, 97, 99, 127 R. V. Wakelin (i B. & Ad. 50), 222, 223 — V. Ward (L. R. 8 Q. B. 210; 42 L.J. Q. B. 126; 21 W. R. 632; 28 L. T. 118), 222 — V. Warlow (2 M. & S. 75), 222 — V. Whelan (20 L. R. Ir. 461), 220 — V. White (L. R. 2 Q. B. 557 ; 36 L. J. Q. B. 267 ; 8 B. & S. 587 ; 15 W. R. 988 ; 16 L. T. 828), 24 — V. Whitvvell {5 T. R. 85), 221 — V. Wynne (2 M. & S. 346), 223 Reigate (10 March, 1885, not reported), 70 Renfrew (2 O'M. & H. 213), 147 Richards, Ex parte (3 Q. B. D. 36S ; 47 L. J. Q. B. 498 ; 26 W. R. 695 ; 38 L. T. 684), 220 Roberts v. Brett (34 L. J. C. P. 241 ; 11 H.'L. Cas. 337 ; 13 W. R. 587 ; 12 L. T. 286; u Jur. N. S. 377), lOI Robson, Ex parte (18 Q. B. D. 336 ; 35 W. R. 290; 55 L. T. 813; 3 T. L. R. 274), 164, 207 Rogers -'. Harvey (5 C. B. N. S. 3 ; 28 L. J. C. P. 17 ; K. & G. 169 ; 5 Jur. N. S. 199), 40 Royse v. Birley (L. R. 4 C. P. 296 ; 38 L. J. C. P. 203 ; 17 W. R. 827 ; 20 L. T. 786), 43 Rye (I P. R. &D. 112), 91 S. St. Andrews (4 O'M. & H. 32), 127, 132 Salford (19 L. T. 500), 213 Saunderson v. Jackson (2 B. & P. 239 ; 3 Esp. 180), 177 Seaford, (3 Lud. 3), 91 Shoreditch (56 L. T. 529), 64, 65, 67, 70, 72 Simpson v. Ready (12 M. & W. 736 ; I D. & L. 1024; 13 L. J. Ex. 193), 43 Sligo (W. & D. 227), 129 2nd (I P. R. & D. 211), 90, 91 (I O'M. & H. 300), 215 Smith V. Hall (15 Scott, N. S. 485), 38 V. Lancaster (L. R. 5 C. P. 246 ; 39 L. J. C. P. 33 ; 18 W. R. 170; I Hop. & C. 287 ; 21 L. T. 492), 40 V. Overseers of Seghill (L. R. 10 Q. B. 422 ; 44 L. J. M. C. 1 14; 23W. R. 745; 32 L. T. 859), 34 Soper V. Mayor of Basingstoke (2 C. P. D. 440 ; 46 L. J. C. P. 422 ; 25 W. R. 693 ; 36 L. T. 468), 96 South East Essex (19 Q. B. D. 260 ; 56 L.J. Q. B. 356; 36 W. R. 44; 57 L. T. 104), 64, 65, 66, 67, 70, 72 South Shropshire (34 W. R. 352 ; 54 L. T. 129; 2 T. L. R. 347), 203, 209 South West Essex {2 T. L. R. 3SS), 204, 206 Spalding (Car. & Marsh. 568), 129 Sparrow v. Hill (7 Q. B. D. 362), 73 Spittall V. Brook (18 Q. B. 1). 426 ; 56 L. J. O. B. 48 ; 35 W. R. 520 ; I Fox, 22 ; 56 L. T. 364), 33 Stafford (21 L. T. 210), 77 Stepney (4 O'M. & H. 34; 56 L. T. 684 ; 2 T. L. R. 559), 83, 84, 99, 122, 127, 132, 143, 145, 146, 147, 204 Stevens v. Tillett (L. R. 6 C P. 147 ; 40 L.J. C. P. 58; 23 L. T. 622), 215, 216 Stirlingshire (F. & F. 541), 126, 127 Stowe V. Joliffe (L. R. 9 C. P. 734 ; 43 L. J. C. P. 265 ; 22 W. R. 911 ; 30 L. T. 795), 135 Stroud (2 O'M. & H. loS), 214 Summers v. Moorhouse (13 Q. B. D. 388 ; S3 L. J. Q. B. 564 ; 32 W. R. 826;. 51 L. T. 290; 48 J. P. 424), 176, 177 T. Tanner v. Carter (16 Q. B. D. 231 ; 55 L. J. Q. B. 27; 34W. R.41), 33 Taunton (F. & F. 295), 127, 129, 130 Taylor v. Dobbins (i Stra. 399), 177 Terry & Wharton, re (i T. L. R. 183), 203, 205 Thornbury (2 T. L. R. 484), 126, 140, 142, 145, 146 (16 Q. B. D. 739 ; 54 L. T. 651; 55 L.J. Q. B. 273; 34 W. R. 609), 125, 126, 140, 142, 143, 147 Tomkins '■. Joliffe (51 J. P. 247), 43 Toms V. Cuming (7 INL & G. 88 ; i Lutw. 200; 8 Scott, 910; 14 L. J. C. P. 67 ; 9 Jur. 90), 98, 177 • V. Luckett (5 C. B. 23; 2 Lutw. 19 ; 17 L. J. C. P. 27; II J"r. 993), 39 Towsey v. White (5 B. & C. 125 ; 7 D. & R. 810), 43 Trotter v. Trevor (32 L. J. C. P. 51 ; L. R. 4 C. P. 502 ; 19 L. T. 606 ; I Hop. & C. 109), 37 b 2 XX Table of Cases. w. Walker, Ex parte {Times Newspaper, nth Feb. iSSy), 207 Ward V. Overseer'; of Willesden (2 C. B. 15 ; I Lutw. 314), 31 Warrington (19 L. T. 572), 213 Waterford (2 O'M. & H. 3), 214 Watson V. Cotton (5 C. B. 51 ; 2 Lutw. 53; II Jur. II06 ; 17 C. P. 68), 30, Waygood v. James (L. R. 4 C. P. 361 ; 38 L. J. C. P. 195; 17 W. R. 824; 21 L. T. 202), 215 Westminster (i O'M. & H. 90), 76, 83 Whithorn v. Thomas (i Lutw. 125 ; 7 M. & G. I ; 8 Scott, 783 ; 14 L. J. C. P. 38 ; 8 Jur. 1008), 32 WTiitmore v. Town Clerk of Wenlock (I Lutw. 10 ; 5 M. & G. 9 ; 7 Scott, 4S9; 13L.J. C.P. 55; 7 Jur. 1064), 30 Wigan (2 T. L. R. 159), 204, 207 Wigtown (2 O'M. & H. 216), 142, 143, 144, 145, 146 Wilks, Ex parte (16 Q. B. D. II4 ; 55 L. J. Q. B. 576; 34 W. R. 273), 204, 205 Williams v. Burgess (12 A. & E. 635 ; 4 P. & D. 443 ; 9 Dowl. 544), 162 Woodward v. Sarsons (L. R. 10 C. P. 733 ; 44 L. J. C. P. 293 ; 32 L. T. 867), 141, 142, 143, 144, 145, 146, 214 Woolley V. Kay (i H. & N. 307 ; 25 L. J. Ex. 351), 42, 43 Worcester (3 O'M. & H. 184), 130, 133, 134 Wright V. Town Clerk of Stockport (5 M. & G. 33 ; I Lutw. 32 ; 7 Scott, 561 ; 13 L. J. C. P. 50; 7 Jur. 1 1X2), 30, 35 TABLE STATUTES AND RULES CITED APPENDIX III. ]SroTE —The thick figures refer to the pages in the text cohere the statute, section, or rule is set out or considered; the thin figures, to those where it is cited merely. Cited. Appendix III. 8 Hen. VI. c. 7 9 Anne c. 20, s. 4 17 Geo. II. c. 3, s. I 7&8Geo. IV. c. 53, s. 11 2 Will. IV. c. 45, s. 18 s. 20 s. 27 4&5 Will. IV. c. 76, s. 56 s. 57 • s. 71 5 & 6 Will. IV. c. 75 7 Will. IV. & I Vict. c. 22, s. 18 c. 33, s. 12 . c. 78, s. 14 1 Vict. c. 45, s. 2 2 & 3 Vict. c. 93, s. 9 6 Vict. c. 18 . S.81 s. 86 s. 87 s. 88 s. 89 6&7 Vict. c. 18, s. 55 s. 90 13 & 14 Vict. c. 21, s. 4 16 & 17 Vict. c. 59, s. 17 17 & 18 Vict. c. 102, s. 7 . s. 24 18& 19 Vict. c. 120 19 & 20 Vict. c. 69, s. 9 21 & 22 Vict. c. 90, s. 35 20 220 35 48.. ...... 21 21 40 37 37 37 130 48 48 182 35 13 123 130. 131 134 134 134 134 68 68 25, lOI. 48 87 159 225 13 48 XXll Table of Statutes. Statut". Cited. Apnendix III. 30 & 31 Vict. 37 21 . . 61,62 48 184 121 c. no, s. 17 . — 31 & 32 Vict. 32 & 33 Vict. — — , c. 14 ^3 s- 3 34 33 34 34 -•• i / 25 33 & 34 Vict. • c. ^i, b. y 36 12 37 12 184 121 ». nr c TT _ . 34 & 35 Vict. 35 & 36 Vict C 48 S 2 .... . . . ^ -y-i i-R W « 52,125,134,138, 139, 141, 143. 149,211 52,126,133,141 79, 103, 138 62,69, 116, 118, 138 126. I ^2 254 255 256 - 6 '■ S >, 62 61,62 117 72. I XX 257 ,- T T pt. I. r. '6.'!!! 15.... 16.... 17.... 18.... 20.... 21.... 22.... 24.... 25.... lb.... 27.... 28.... 29.... 30.... 31.... 32.... 33---- 34.... 35--- 36.... " -•• ij" 258 sch. I. ^Cl1 117 259 117 259 ■ 124 ■ itS CT 62 132 ^* TT^ 260 ' 118, 124 118, 125 125. 126 II, 51,89,90, 128 118, 127, 130, 131 127 51,127,134,135, 151, 152.... 135, 151 52, 149 53, 138, 139 52, 139, 140 52, 140, 146 52, 90. 139 52, 125, 143, 147, 151 ' ' 261 >, ), ^* " ,, " >> „ Tabic of Statutes. XXlll Statute. 35 & 36 Vict. c. 33 (B.A.), sch. I. pt. I. r. 37... r. 38... r. 40... . r. 42... . . ~ r. 45... . r. 46.., r. 48.., r. 49.. r. 50.. . ^- r. 51.. . r. 53.. r. 54.. r. 55.. r. 64.. . sch. II 36 & 37 Vict. c. 86, s. 8 38 & 39 Vict. c. 84, s. I s. 2 s. 4 s. 5 s. 6 s. 7 sch. I. pt. I 39 & 40 Vict. c. 36, s. 9 c. 59, S.6 c. 79, s. 10 41 Vict. c. 16, s. 67 41 &42 Vict. c. 26, s. 5 s. 14 ■ c. 33. s. 30 42 & 43 Vict. c. 10, s. 2 43 & 44 Vict. c. 9, s. I 44 & 45 Vict. c. 58, s. 146 s. 181 . — c. 68, s. 14 45 & 46 Vict. c. 50 (M.C.A.), s. 9, sub. i . sub. 2 . s. 10, sub. 2 s. II, sub. I.... . sub. 3.... • sub. 4 — s. 12, sub. I.... sub. 2 — . s. 14, sub. I.... Cited. Appendix III. 52, 148,149, 151, 152 134, 151, 152... 152 152 152 152 150 92, 116, 150 63 62 126, 128, 132, 133, 134 52 52, 138, 139, 149 52 52,53,61,62,139, 140 52, 128, 134, 139, 140, 14Q 89, 139, 167 151, 152 53, 61, 118, 125, 128 45 72, 167 69 69, 70, 71, 72 69,73 117 89, 162 62,63,64,65,66, 136 48 18 37 48 40 33 48 35 100, 123, 134 47 47 72 10 11,26,33 II, 26,36 182' 22.'. 22, 23, 46, 192 ... 22, 192 23, 192, 194 41,42 42 173 263 264 265 266 267 268 269 272 273 274 XXIV Tabic of Statutes. Statute. 45 & 46 Vict. c. 50 (M. C. A.) s. 14, sub. 2. sub. 3. . sub. 4. sub. 5. - sub. 6. ■ sub. 7. s. 15, sub. I. . • sub. 2. ■ sub. 3. . sub. 4. sub. 5. — s. 17, sub. I. — s. 18, sub. I. — s. 25, sub. 2. — s. 29, sub. 2. — s. 31 — s. 32, sub. I. sub. 2. — s. 33, sub. I. sub. 2. sub. 3. sub. 4. s. 34, sub. I. sub. 2. — sub. 3. sub. 4. ■s. 35 s. 36, sub. I. sub. 2. sub, 3. s. 37 s. 38 s. 39, sub. I. sub. 2. sub. 3. sub. 4. Cited. s. 40, sub. 1 179 173 173 179 179 179,180 180 181 181 16, 182, 183. 184 184 24 24 24 24 29 34 34 29,34 29 35 37 47, 186, 187., 187, 18S 47 187, 190 187 190 191 48, 188 180, 184 180, 185 44, 193, 194. 194 44. 194 194 196 sub. 2. s. 41, sub. I. sub. 2. s. 42, sub. I. sub. 2. sub. 3. s. 45, sub. 6. — sub. 8. s. 50, sub, s. 51, sub. sub. sub, 3. s. 52 s, 53, sub. I. — sub. 2. s- 54 s- 55 s. 56, sub. I. Appendix III. 274 197 188. 189, 192.... 189 195 62, 189 189 127 10,27 90 10,23,97,124... 97,99, 127 11, 97, 98, 99, 124 90, no 56 56 88, 90, 91 94,96 105 275 275 276 277 27S 279 Table of Statutes. XXV Statute. Ci:e^ 45 & 46 Vict. c. 50 (M. C. A.), s. 56, sub. 2. . sub. 3.. . sub. 4. . s. 57 — s. 58, sub. I.. sub. 5.. sub. 6.. s. 59, sub. I.. sub. 2. , sub. 3. sub. 4. . s. 60, sub. I. sub. 2. sub. 3. sub. 4. sub. 5. sub. 6. sub. 7. s. 61, sub. I. sub. 2. sub. 3. sub. 4. s. 63 s. 64 s. 65 s. 66, sub. I. sub. 2.. sub. 3... __ s. 67, sub. 1.. sub. 2.. . s. 68 s. 69 s. 70, sub. I., , sub. 2., _ sub. 3. s. 72 s. 73 . — . s. 74, sub. I. sub. 2. s. 75, sub. I. sub. 3. • s. 77 s. 81 . s. 82 s. 86 ■ s. 87, sub. I. sub. 2. s. 88, sub. 4. s. 89, sub. 2, sub. 3. s. 92, sub. I. s. 93, sub. 2. sub. 4. sub. 5 105 16, 106 16, 106 108 62, 114, 118, 123, 137 13,148 49,51 128, 129, 130, 131. 132 130 129 130 174 174 175 175,176, 177.... 178 178,182 178 183 183 '83 182 11,31 115 88 106, 188, 197 197 197 60 60 109 103, 117 91, 92, 178 91, 178 92, 178 96, 168 212,220 106 106 59,150 150 199 199 74 123, 134, 199 211, 221 220, 221 211 212 212 215 215 215 216 HI. 279 280 2S1 2S2 283 2S4 284 2S5 286 2S7 XXVI Table of Statutes. Statute. 45 & 46 Vict. 50 (M.C.A.), s. 93, sub. 6 _ . sub. 7 sub. 8 s. 9;, sub. I.. sub. 2 sub. 9 s. 95, sub. 2 ■ sub. 4 • sub. 8 • s. 96, sub. I sub. 3.. ■ s. 97. sub. I s. 98, sub. I sub. 2 • s. 102 s. 103 s. 124, sub. 6 s. 140 s. 155, sub. 2 s. 159, sub. 2 s. 163, sul:). 6 s. 171, sub. I s. 224, sub. I sub. 2 sub. 3 • sub. 4 sub. 5 s. 225, sub. I ■ sub. 2 sub. 3 — sub. 4 s. 230, sub. I sub. 2 stb. 3 s. 231 s. 232 s. 237 s- 239 s. 241 s- 253 s. 257, sub. 3 sch. II. r. 2 !■• 5 ■ r. 6 ■ r. 9 r. 10 r. II sch.III.pt. II. r. I Cited. Appendix III. r- 5. 216 214 215 214 214 214 218 218 217 217 218 217 218 219 195 196 44 150 184 24 24 24 189 189 190 190 190 220 223 223 223 109, 162, 166, 167, 212 89, 110, 139, 174, 18S, 2X2 109, 110, 167, 188 33 91, 92, 107, 192, 195 62 187 91, 178 48 28 174, 183 191 191 175, 183 175,182,183,192, 197 49, 182 94 95, 176 97, 100 94 288 289 290 291 293 294 296 297 >i 298 »> >» >> 299 299 » >» >> 9> 301 Table of Statutes. XXVll Statute. 45 & 46 Vict. c. 50 (M.C.A.), sch. III. pt. II. r. 6 r. 7 r. 8 r. 9 . r. 10 r. II r. 13 • r. 14 r. 15 _ r. 16 r. 17 r. 18 . . • pt. III. r. I. . _ .. r. 2. r. 3. r. 4. sch. VIII. pt. I. form A . pt. II. form H form I 46 & 47 Vict. c. 35, s. 7 c. 51 (C.I.P.F.A.), s. 4 — s. 6 s. 10 ■ s. 20 — s. 24 s. 29 ■ ■■ s. 30 • ■ • s. 31 • s. 33 t — s. 47 s. 54, sub. 2 — — • s. 59, sub. I • ■ • sub. 3 — s. 60 • s. 64 ■ • sch. I. pt. III.... ■ c. 52, s. 34 s. 149 47 & 48 Vict. c. 61, s. 15 c. 70 (M.E.C.I.P. A.) s. 2, sub. I . . . . ■ ■ ■ sub. 1, ... ■ ■ ■ s. 3, sub. I.... — — ■ sub. 2 s. 4, sub. I . . . . sub. 2 . . . . — sub. 3 . . . . — - — ■ s. 5, sub. I ■ sub. 2 — ■ — ■ sub. 3 sub. 4. ... Cited. Appendix III. 94 100, loi 101 56, 102, 103, no 97 101, 102 102, 104 104, 105, 211 107 101 105 97 117 56, 116 56, 116, 138 56,117 187 89 95 37 12,44 12,44 12,46 78, 79 154 161 154 154 164 116 82 214 214 216 12, 44, 46, 77, 87, 120, 156 154 194 193 220 199 12, 45 12, 45 45 79, 80, 82, 83, 120, 200 80, 82, 120 82,83 49, 154, 159, 200 159 159 49, 80, 160, 208, 209, 216 XXVlll Table of Statutes. Statute. 47 & 48 Vict. c. 7o(M.E.C.I.P.A.)s. 6, sub. i... ^' ^ . s. 7 8, sub. I . — sub. s. 15 s. 16, sub. I... sub. 2 . . . s. 17, sub. I... sub. 2... s. 18 s. 19 21, sub. I. sub. 2. sub. 3. sub. 4. sub. 5 . sub. 6. Cited. Appendix III. sub. 1 ... sub. 8... sub. 9... sub. 10. sub. 1 1 . s. 25, sub. I... sub. 2... — s. 26, sub. I... sub. 4... sub. 5 . . . sub. 8... — s. 27. s. 28, sub. I.. sub. 2.. sub. 3.. s. 29, sub. I.. sub. 2.. — s. 30. s. 34. 124, 200 12, 46, 200 159, 200, 203, 211 50, 79> 80, 81, 83, 119, 120, 216 159, 200 119, 120, 121, 200 119, 120, 121 122 122 160, 200 87, 154, 200 87 50, 53, 74> 83, 200 50,74 13, 53 81,83,91,92,107, 116, 150, 192, 195, 200 161, 200 78, 79,86, 200.... 78 200 50,79, 83,87, 119 46, 199 216,217 82, 202, 203, 204, 205, 209, 216 51,161, 162, 163 51, 163 51, 162, 163,164 164,206, 207... 164, 165, 207... 161, 162, 163, 165, 209 51, 164, 206,207, 209, 216 164 207 165 165 I 165, 211, 212 212 218 I 218 218 218 215 215 215 215 219 219 82, 214, 216 12,46,51,77,87, 120, 156, 159 309 310 311 313 314 315 316 317 ,, 31S J, ,, ,, 320 321 322 Table of Statutes. XXIX Sta'ute. Cittd. Appendix III. 47 & 48 Vict c 7o(M.E.C.T.P.A.), s. 36 12, 45, 46 74 51 31 123, 134, 20 20, 21 139.... 328 "4 37 62,63 71,72, 73 72 13 60 18 >!Js X- ytn Virf- r /16 s. 2. 329 330 . ^ '^ 331 cc\ Sc CT Virt r CC s. 2^. CT Vict r TO (C.E.A.). *:. 2 11,27,35, 38 114 "4 127 1,5 12, 15, 45, 192.... 24 18,20 175, 176, 16 5- 16 5 5 10 184 41 41 1, 225 225 226 226 2 2 2. 2 2 3 3 3 6 3 4 4 4,9, 16... 4,9, 16.... 4 4,9, 16.... 4, 16 37 47, 57, i'83;;::: 331 " ■5 "22 sub. 4 51 & 52 Vict. c. 41 (L.G.A.), s. I 1- sub I 333 sub. 2, a /' c d a b c 'lu^'.'.. 334 — sub. 3, ,, " sub. 4. sub. 5, ,, G '^I 334 sub. 4. "ub '' sub. 4. 336 337 sub. 4. ^ r T J> 338 — sub '^ 359 — sub. 2. 5> . • sub. 5 340 XXX Table of Statutes. sub. I. _- sub. 2. sub. 3. — . sub. 4. sub. 5. sub. 6. sub. sub. 20. — s. 77 — s. 79, sub. I . — s. 83, sub. I . — s. 99 s. 100. s. 103, sub. I. sub. 2. sub. 3. sub. 4. sub. 5 . sub. 6. 10, 12, 15, 22, 27, 31,45,47,49, 50, 51, 62, 74, 77, 81,86,88, 93, 109, 114, 119, 123, 137, 150, I53> 1^6, 167, 184, 192, 194 90 55, 57 61, 106 49, 57, loi, 102, 106, 108 88, 90, 94, loi, 102, 107, 109, 149, 151, 152, 164, 165, 178, 187, 197, 209 56, 57, 58, 88, 94, 100, loi, 102, 106, 107, 108, IIS, 148 100, 102, 103, 105, 107 108 107 183 123, 134, 139 174, 179^ 183 187, 193 150, 187 184 188, 193 198 79, 103, 138 62, 63, 64, 136... 64, 69, 70, 71, 72, 73, 89, "7, 162, 167 63 226 1 loS 89, 94, loi, 102, 105, r-]6, 192, 195 1,7, 19, 21, 55, 61, 107, 225, 89, 90, III, 166. 24, 55, 57 114, 115 13 108,109,188 64 341 342 343 )> ) ) 344 344 ,, 346 347 Table of Statutes, and Rules. XXXI 51 & 52 Vict. c. 41 (L.G.A.), s. 103, sub. 7.... . — sub. 8 sub. 9 sub. 10 . s. 104, sub. I • sub. 2 ■ sub. 3 sub. 4 , s. 105, sub. I sub. 2 . sub. 3 — sub. 4 s. T06, sub. 3 sub. 5 ■ s. 107, sub. I sub. 2 sub. 4 , sub. 6 s. 108, sub. I sub. 2 sub. 4 . s. 109, sub. I s. 118, sub. I General Rules, 1883, r. 6 r. 7 r. 8 • r- 13 r. 14 r. 15 r. 16 r. 37 r. 47 r. 53 r. 62 Rules of the Supreme Court, 1883, Orel. mi. r. 5. • Liv.r. 24 LXV. r. 27 Crown Office Rules, 18S6 (CO. R.) 46 52 53 • 54 56 59 134 140 300 226,227 226 63,226 55 16 179 179 16, 179 16 108, 109, 174 174, 179, 181 182, 183 109, 227 227 108 56, 198 175, 178, 181, 182 175 59, 60, 92 9 9 9, 56, 182 108 213 213 213 212 212 212 213 213 196 215 218 72 72 72 220, 224 223 223 223 223 224 224 224 223 347 348 349 350 351 353 354 355 359 360 361 363 365 J J 366 367 TABLE OF UNAPPLIED SECTIONS OF THE MUNICIPAL CORPORATIONS ACT, 1882. The following table, formed by the Author in the course of his studies, of sections of the Municipal Corporations Act, 1882, which are either not applied to the Local Government Act, 1888, or are expressly excluded therefrom, may be of use to the professional reader. Section of M.C. A. M.C.A. ss, 1-7 s. 15, sub. 5 ,, s. 16 s. 17 ,, s. 18 (not applied mitil county council so re- solve) s. 25 ,, s. 29 ,, s, 30 ,, s. 62 ss. 105-123 ,, ss. 125-132 „ ss. 133-218 ,, ss. 228, 229, 2 = 1, 257... „ Sch. I ,, ,, III., parts I., IV.... „ „ IV „ „ V „ „ VI „ „ VII „ Vlir., parts II., III., IV „ IX Part of M.C. A. Tart I ,, II ?) )) 95 Part III Part V Pan's VI., Vll., VIII , IX X., xr Part XIII By what section excluded or not applied. L.G.A. s. 75, par. i. ,, „ sub. 16 /'. ,, ,, sub. 16 e. ,, ,, sub, 16 /'. C.E.A. s. 4, sub. I a. L.G.A. E. 75, sub. 16 b. »> ;» >> „ s. 75, par. I. sub. 16 h. par. I. CHAPTER I. THE COUNTY COUNCIL. Chap. L Establishment of county council Constitution, incorporation and style Administrative comities being parts of entire counties Liberties and franchises Boundary of county for first election .... Area of county council . Provisional order as to boroughs and Jirban sanitary dis- tricts in the same area Alter at io7i of bo2indaries, union of coutities, etc., by Local Government Board . A COUNCIL shall be established in every adminis- Establishment trative county as defined by the L.G.A., and be entrusted °Qun"J^^ with the management of the administrative and financial business of that county (L.G.A. s. i). The expression " administrative county " means the area for which a county council is elected in pursuance of the L.G.A., but does not (except where expressly mentioned) include a county borough {ib. s. lOo). Each of the boroughs named in sch. III. is an administrative county of itself, and is in the Act referred to as a " county borough " {ib. s. 31). The county council shall consist of the chairman, Constitution, aldermen, and councillors (L.G.A. s. i) ; it shall be a !^"^^J^g^°ig^*'""' body corporate by the name of the county council with the addition of the name of the administrative county, and shall have perpetual succession and a common seal {ib. s, 79, sub, i). The ridings of Yorkshire, the divisions of Lincolnshire, Admlnistra- the eastern and western divisions of Sussex, the eastern being^prmof and western divisions of Suffolk, the Isle of Ely and the entire coun- residue of the county of Cambridge, the soke of ^^^' B The County Council. Liberties and i ranch ises. Boundaiy of county for lirst election. Chap. L Peterborough, and the residue of the county of Northampton, are separate administrative counties (L G.A. s. 46, sub. i). The wapentake of the ainsty of York, except so much as is included in the borough of York, forms part of the west riding of the county of York {ib. s. 50, sub. i, d). Every liberty and franchise of a county, wholly or partly exempt from contribution to the county rate, forms part of the county of which it forms part for the purposes of parliamentary elections (L.G.A, s. 48^ sub. i). The Cinque Ports and two ancient towns and their members form part of the county in which they are respectively situate {ib. sub. 4). The Scilly Islands do not form part of the county of Cornwall, but the Local Government Board may by provisional order apply the L.G.A. thereto {ib. s. 49). The first council elected for any administrative county shall, subject as hereinafter mentioned, be elected for the county at large as bounded at the passing of the L.G.A. for the purpose of the election of members to serve in parliament for the county : Provided ah\'ays, that— («.) This enactment shall not apply to the boundary between two administrative counties which are portions of one entire county, and in case of ^hose administrative counties, the boundary between the portions, as existing for the purposes of county rate, shall, subject to any change made by or in pursuance of the L.G.A.,. be the boundary of the administrative county for which the council is elected ; and, (b?) Where any urban sanitary district is situate partly within and partly without the boundary of such county, the district shall be deemed to be within that county which contains the largest portion of the population of the district, according to the census of 188 1 (L.G.A. s. 50, sub. i). Area of county The county council shall have, for the purposes of the counci . L.G.A., authority throughout the administrative county TJie County Council. 3 for which it is elected, and the administrative county as Chap. I. bounded for the purpose of the election shall, subject to alterations made in manner hereinafter mentioned, be for all the purposes of the L.G.A. the county of such county council (L.G.A. s. 50, sub. 2). If any difference arises as to the county which contains the largest portion of the population of any such district, such difference shall be referred to the Local Government Board, whose decision shall be final {ib. sub. 3). This section applies to an administrative county within the meaning of the L.G.A., save that it shall not apply to the administrative county of London, nor to any county borough, and any place which, though forming part of any such borough for the purposes of parliamentary elections, is not within the municipal boundary of such borough, shall form part of the county in which such place is situate {ib. sub. 4). The Local Government Board shall make provisional Provisional orders for dealing with every case where the council of a \l^^^l T. '° j borough is not the urban sanitary authority for the whole urban sanitary of the area of such borough, and the area of the borough g^^me'area" is either co-extensive with, or is wholly or partly com- prised in, any urban sanitary district, and such order shall determine whether the area of the borough or of the sanitary district, or an area comprising both the borough and the urban sanitary district, or a portion of such united area, shall, whether with or without any adjoining area, be the area of the county district for the purposes of the L.G.A., so, however, that in either case the order shall provide for the council of the borough becoming the district council, and the order may for that purpose alter the boundaries of the borough, and may, if need be, alter the boundaries of the county ; and if the population exceeds fifty thousand, the order may constitute the borough into a county borough, and make such provision as may be necessary for carrying the L.G.A. into effect as respects such county borough ; and the provisions of the L.G.A. respecting county boroughs shall, subject to the provisions of the order, apply (L.G.A. s. 52, sub. i). B 2 4 The County Council. Chap. I. Where certain members of the sanitary authority for any such urban sanitary district are appointed by a university or any colleges therein, the order may provide for the appointment by such university or colleges of members on the district council (L.G.A. s. 52, sub. 2). A provisional order under this section shall not be of any effect until it is confirmed by parliament {ib. sub. 3). Alteration of The Local Government Board may before the ap- unkllfof*^'' pointed day (as to what is the appointed day see s. 109), counties, etc., and afterwards on the representation of any county ffo^emJient council or town council, and after the 1st of November, Board. 1889, without any such representation, make an order, after holding a local inquiry : — («) altering the boundary of any county or borough, or {b) uniting a county borough with a county, or {c) uniting any counties or boroughs, or dividing any county, or {(T) constituting any borough having a population of not less than fifty thousand into a county borough, or {e) altering any area of local government partly situate in a county or borough (L.G.A. s. 54, subs, i, 2, 5). But such order shall have no effect until confirmed by parliament {ib. sub. 3), and where such order unites two county boroughs, it may make them one borough and one county {ib. s. 55 sub. i), and may make provision for regulating the division of the combined borough into wards, the number of councillors to be elected for each ward, the first election of the council of the combined borough, and all other incidental matters {ib. sub. 2), In every alteration of boundaries, care shall be taken that, so far as practicable, the boundaries of an area of local government shall not intersect the boundaries of any other area of local government (L.G.A. s. 60). CHAPTER II. • Chap. II. ELECTORAL DIVISIONS OF THE COUNTY. Definition . . . • 5 ' Boundaries — continued. Boundaries . . . • „ Alteration of boundaries Constitution of electoral Poiaers of Local Governme7it divisions. . . . ,, ] Board at first election . An electoral division is a division of an administrative Definition, county for the purpose of the election of county coun- cillors. (L.G.A. s. 2, sub. 2, e ; s. i). One county coun- cillor only shall be elected for each electoral division {id. sub. 2, e), and any borough returning one councillor only shall be an electoral division (il?. sub. 3, d). In the case of a borough returning one county councillor Boundaries, only, the' boundaries of the electoral division are the boundaries of the borough (see L.G.A. s. 2, sub. 3, d). In the case of a borough returning more than one county councillor, the boundaries of the electoral divisions are determined by the town council of the borough (L.G.A. s. 2, sub. 3, c). In the rest of the county, the boundaries of the electoral divisions are determined by the quarter sessions for the county {td.). In the constitution of electoral divisions of a county, Constitution whether for the first election or for subsequent elections, ^[^fs-^JJ'''^ the following directions shall be observed : — (i.) The divisions shall be arranged with a view to the population of each division being, so nearly as conveniently may be, equal, regard being had to a proper representation both of the rural and of the urban population, and to the distribution and pursuits of such population, and to area, 6 Electoral Divisions. CiAv. II. and to the last published census for the time — - being, and to evidence of any considerable change of population since such census ; (2.) Electoral divisions shall, so far as may be reason- ably practicable, be framed so that every division shall be a county district or ward, or a com- bination of county districts or wards, or be comprised in one county district or ward ; but where an electoral division is a portion of a county district or ward, and such portion has not a defined area for which a separate list or part of a list of voters is made under the Acts relating to the registration of electors, such portion shall, until a new register of electors is made, continue to be part of the district or ward of which it has been treated as being part in the then current register of electors ; (3.) Whenever under the provisions of this section a county district is divided into two or more portions, every such portion shall, as far as possible, consist of an entire parish or of a combination of entire parishes ; (4.) In determining the electoral divisions for the first election, the foregoing provisions shall apply as if, where a rural sanitary district is situate in more than one county, each portion of the district which is situate in the same county were a county district, and any such portion may be combined with a county district, or portion of a county district, although not adjoining ; (5.) The electoral divisions for the first election shall be fixed on or before the 8th of November, 1888 (L.G.A. s. 51). The term "ward" is not defined in the L.G.A., but apparently means a ward formed for the election of the members of an urban sanitary authority. It will be observed that the electoral divisions are to be so formed as not to overlap a sanitary district, except in so far as may be necessary to equalise the population of each electoral Electoral Divisions. 7 division, and to the proper representation of the rural Chap. IL and urban population. Every portion of a divided county district {i.e. an urban or rural sanitary district) must also consist of one or several entire parishes. And where a parish is situate partly within and partly without any borough, urban sanitary district or other area, each part is to be considered a separate parish (L.G.A. s. lOo)- In some counties there are boroughs which, although they have not sufficient population to enable them to return a councillor, yet form parts of county districts, to which separate representatives might properly be as- signed. In any such case it is competent for the court of quarter sessions to form the county district into an •electoral division (see the circular of the Local Govern- ment Board, dated 17th August, 1888). With reference to the constitution of electoral divisions, the Local Government Board, in their above-mentioned circular, after pointing out that any place which, though forming part of a county borough for the purpose of the election of members of parliament, is not within the municipal boundary of the borough, will, for the purpose ■of constituting electoral divisions, form part of the county in which the place is situate, observe : — "It will be seen that the area for v/hich a county council is to be elected, and in which, therefore, electoral divisions must be formed by the court of quarter sessions, will not necessarily be the same as the area hitherto subject to the jurisdiction of the court. For, as already stated" (see ante, p. 2), "an urban sanitary district situate partly within and partly without the county is to be deemed to be within that county which contains the largest portion of its population, and the part of any district thus brought into the administrative county must, in constituting electoral divisions, be dealt with by the court of quarter sessions of that county only, unless it forms part of a borough which will return one or more councillors, in which case the electoral divisions will have to be determined by the town council, and not by quarter sessions. Moreover, for all purposes of the Act, ■every liberty and franchise of a county, wholly or g. Electoral Divisions. Chap. II. partly exempt from contribution to the county rate, is,.. subject to certain exemptions which are not material for the present purpose, made part of the county in which it is included for parliamentary elections. The Cinque Ports, and two ancient towns, and their members, are also, for all the purposes of the county council, and of the powers and duties of quarter sessions under the Act, to form part of the county in which they are respectively situate" (see ante, p. 2). " In all these cases it will de- volve upon the court of quarter sessions of the county to deal with the areas in question in forming electoral divisions, except in so far as the area may be included in a county borough, or in any borough which will return one or more councillors. "The courts of quarter sessions for the counties of Middlesex, Surrey, and Kent respectively, will form the electoral divisions in so much of those counties as is situate outside the Metropolis, and is not comprised in a county borough, or in any borough returning one or more councillors. " The ridings of Yorkshire, the divisions of Lincolnshire, the eastern and western divisions of Sussex, under the County of Sussex Act, 1865, the eastern and western divisions of Suffolk, the liberty of the Isle of Ely, and the rest of the county of Cambridge, the soke of Peter- borough, and the rest of the county of Northampton, constitute separate administrative counties for the pur- poses of the Act" (see ante, p. i), "and it will devolve on the courts of quarter sessions having jurisdiction in these areas to form electoral divisions in so much of them respectively as is not included in any borough with sufficient population to return one or more councillors. " The Scilly Isles are not to be included in any electoral division of the county of Cornwall " (see ante, p. 2). " It is obvious, that in fixing the electoral divisions in accordance with the directions contained in the Act, regard must be had to the areas for which separate lists or parts of lists of voters have been made, so that the electoral divisions may be formed in such a way that there will be no difficulty in ascertaining who are the Electoral Divisions. 9 electors entitled to vote in each division. The Board Chap. II. are desirous of drawing special attention to this point. They are empowered by the Act, in the case of the first election, to authorise an electoral division to return two or more members in any case where the difficulties arising out of the registers of voters and the population of any area appear to render it necessary, and they may also authorise portions of two or more county districts or wards for which a separate register can be made, to be united for the purpose of an electoral division. The Board think, however, that these powers should only be resorted to in very exceptional cases." The Local Government Board may before the ap- Alteration of pointed day (as to what is that day see s. 109), and afterwards on the representation of any county council or town council, and after the ist of November, 1889, without any such representation, make an order, after holding a local inquiry, altering the boundary of any electoral division of a county or the number of electoral divisions in a county (L.G.A. s. 54, subs, i, 2, 5). Where the Local Government Board make an order uniting two county boroughs (as to which see ante, p. 4), they may therein make provision for regulating the division of the combined borough into wards (L.G.A. s. 55, sub. 2). The Local Government Board in the case of the first Powers of , . , 1 1 • • • i. i. Local Govern- election may authorise an electoral division to return ^^^^^^ gQ^^^j ^^ two or more members, in any case where the difficulties first election. arising out of the registers of voters and the population of any area appear to render it necessary, and may also authorise portions of two or more county districts, or wards for which a separate register can be made, to be united for the purpose of an electoral division (L.G.A. s. 108, sub. 2). They may also, if satisfied that an election cannot properly be held by reason of the electoral divisions not having been duly made, cause such steps to be taken as they consider necessary for constituting such electoral divisions and making up the registers of electors {ib. sub. 4). lO ) Chap. III. Title to vote. CHAPTER III. THE ELECTORS. Who are electors Title to vote . Wojfien Married women Aliens, infants, and lunatics Deaf and dumb persons . Blind persons Persons guilty of corrtipt practices Illegal practices . Treason and felony Constables .... Returning officers . Candidate's clerks, messengers, and polling agents . MaJzing up the register . II 12 The M.C.A. and M.E.C.I.P.A. are applied to local government elections by L.G.A. s. 75. The persons entitled to vote at the election of a county councillor shall be in a borough the burgesses enrolled in pursuance of the M.C.A. and the Acts amending the same, and elsewhere the persons registered as the county electors under the County Electors Act, 1888 (L.G.A. s. 2, sub. 4). A person shall not be deemed a burgess unless he is enrolled as a burgess (M.C.A. s. 9, sub. i), and every person enrolled in the burgess roll shall be deemed to be enrolled as a burgess (//;. s. 45, sub. 8). A person shall not be deemed a county elector unless he is registered as a county elector {ib. s. 9, sub. i ; L.G.A. s. 75), and every person registered in the register of county electors shall be deemed to be registered as a county elector (M.C.A. s. 45, sub. 8 ; L.G.A. s. 75). At an election of a county councillor, a person shall be entitled to demand and receive a voting paper, and to vote, if he is enrolled in the burgess roll or registered in the register of county electors and not otherwise (M.C.A. s. 51, sub. I ; L.G.A. s. 75). The mere fact of TJie Electors. H the entry of a person's name is conclusive as to his Chap. III. right to vote, unless he be prohibited by law from voting (M.C.A. s. 51, sub. 3). It is thus necessary to consider what are the prohibitions against this prima facie right of voting, but at the same time it may be remarked that it is not for the returning officer or his presiding officers to look behind the burgess roll or register of county electors, or to refuse to allow any person to vote whose name appears thereon. Women are entitled to be registered and to vote Women. (M.C.A. s. 61 ; C.E.A. s. 3, sub. 2) ; but this only removes the disqualification by reason of sex, and leaves untouched the disqualification by reason of status {R. v. Harrald, L. R. 7 0. B. 362). By marriage a woman's Married status is merged in that of her husband, and therefore a women, married woman is not entitled to be registered or to vote, unless her marriage has been dissolved by the decree of a competent court {ib). And it would seem also, that a woman unmarried when placed on the register, but married at the time of the election, is also disqualified from voting {ib. -2^61, 364). The Married Women's Property Act, 1882, leaves untouched the status of a married woman (ib. 363). An alien (M.C.A. s. 9, sub. 3, a ; C.E.A. s. 2), an infant Aliens,infants, (M.C.A. s. 9, sub. 2, a; C.E.A. s. 2), an idiot, a lunatic, ^^'^ ^^"^^^''• unless during a lucid interval, and a childish and im- becile person, cannot vote (see Election Agent, pp. 260, 261). But if the name of any such person appears on the burgess roll or register of county electors, he is entitled to demand and to receive a voting paper not- withstanding his legal incapacity, and his vote must be left to be struck off on a scrutiny, or other legal pro- ceeding. A deaf and dumb person who can by signs Deaf, dumb, make himself understood can vote {ib. 260) ; and a blind ^^^"^.^^^^2^ person gives his vote through the presiding officer (B.A. r. 26). A person convicted on indictment, or reported guilty Persons guilty by an election court, of any corrupt practice at a parlia- ° 4°tices? mentary election is incapable, during seven years from conviction, of being registered as an elector or voting at 12 TJie Electors. Person of illegal practices guilty CiiAP. IIT. a local government election (C.I.P.P.A. s. 6, sub. 3 ; ss.4, 64) ; so also if he be convicted or reported guilty ^ by an election court of any corrupt practice at a municipal election (M. E.G. I. P. A. s. 2, sub. 2 ; s. 3, sub. i) ; or at a local government election {jb. ; L.G.A. ss. 2, 75) ; or at any of the following elections, viz. : member of a local board, member of improvement commissioners, poor law guar- dian, member of school board (M. E.C.I. P.A. s. 36). A person convicted of any corrupt practice at a school board election is similarly incapable for six years after such election (33 & 34 Vict. c. 75, s. 91) ; but this provision is perhaps superseded by M.E.C.I.P.A. s. 36, just quoted. A person convicted of an illegal practice at a parlia- mentary election is incapable, during five years from the date of his conviction, of being registered as an elector, or voting at any local government election held for or within the county or borough in which the illegal practice was committed (C.I.P.P.A. ss. 10, 64) ; so also if he be convicted of an illegal practice at a municipal election, or at an election for a member of a local board, or improvement commissioners, poor law guardian, or member of school board (M.E.C.I.P.A. ss. 7, 36, 34) ; or at a local government election {ib. ; L.G.A. ss. 2, 75). A person convicted of treason or felony, for which he is sentenced to death or penal servitude, or any term of imprisonment with hard labour exceeding twelve months, is incapable of exercising any municipal fran- chise until he has suffered the punishment to which he has been sentenced, or such other punishment as by competent authority may be substituted for the same, or shall receive a free pardon (33 & 34 Vict. c. 23, s. 2 ; and see further hereon Election Agent, p. 59). This statute is not directly incorporated into the L.G.A. (see L.G.A. s. 75), but as the county council are to be elected in like manner as a town council {ib. s. 2, sub. i), it is indirectly applied to local government elections. Borough constables, except special constables, are, while such, and for six months after they have ceased to be constables, incapable of voting at the election of any person to any municipal office in the borough (19 & 20 Treason and felony. Constables. TJie Electors. 13 Vict. c. 69, s. 9). This statute is also not directly ap- Chap. III. plied to the L.G.A., but seems to be indirectly applied to local government elections, as mentioned supra. The incapacity of county constables to vote was formerly limited to parliamentary elections (2 & 3 Vict. c. 93, s. 9), and is now removed (50 Vict. sess. 2, c. 9, s. i), and as such constables can vote at municipal elections, they can also vote at local government elections. A returning officer at a local government election, if Returning entitled to vote, is not deprived of his right to vote by °^'^^^^- the fact that he is returning officer (see M.C.A. s. 58, sub. 5). He is also entitled, in case of equality of votes, to a casting vote, as mentioned post^ p. 148. A person employed for payment by a candidate at a Candidate's local government election as clerk, messens^er, or nollino- clerks,messen- ° ' o ' sr ty gers and agent, cannot vote (M. E.C.I. P. A. s. 13, sub. 3), This polling agents. prohibition does not extend to the person appointed to attend the proceedings before the returning officer (see post, pp. 49, loi) ; and the agents employed at the counting of the votes (see post, p. 52) ; and in respect to the election expenses and return (see post, pp. 51, i6r, 163), are employed after the voting is over. The clerk of the peace shall make up the county Making up register, and division registers of the county electors for ^^^ register, the purposes of the first election of county councillors, and shall deliver the same to the returning officer (L.G.A. s. 103, sub. 4). ( 14 ) Chap. IV CHAPTER IV. THE COUNTY COUNCILLOR AND HIS ELECTION STAFF. I. THE OFFICE OF COUNTY COUNCILLOR. IL THE QUALIFICATION OF A COUNTY COUNCILLOR. IIL THE ELECTION STAFF. L THE OFFICE OF COUNTY COUNCILLOR. Term of office . . . i6 | Nuiuher i6 II. THE QUALIFICATION OF A COUNTY COUNCILLOR. Complexity of the subject . Who is a peer What peers are ineligible 1 7 I Different kinds of qualification . 1 7 A. — PEERS. iS I Property qjtalification of a peer. , 19 I B._PARLIAMENTARY OWNERSHIP VOTERS. Requisites of the quali- fication 1. Registration as voter 2. Oivnership of properly 19 20 Requisites of the quali FICATION — continued. 3. Tenure of the property 4. Situatio7i of the property C. — PERSONS QUALIFIED UNDER M.C.A. Statutory enactment Fit persons Drunkards, idiots, and deaf, dumb, and blind persons Infants Retunmtg officers Clergy Mjinicipal officers Women County aldermen Burgess qualification County elector's qualifi cation . Full age . Occupation Successive House, warehouse, coufiting- house, etc. 22 24 25 26 27 28 29 County elector's quali cation — continued. Part of house . '■' Other building'''' . Letting furnished house Residence . Rating Claim by occupier to he rated. Rating of predecessor Poor rate, when made Payment of poor rate By deductiojt from rejit. etc.. By instalments . Alloivances and deductions Payment by third pa^'ties When payable. 19 20 21 29 30 31 33 34 Tlie County Cowicillor. 15 II. THE QUALIFICATION OF A COUNTY CO U NC ILLO R— iT^wZ/wm/. Chap. IV. County elector's quali- fication— i-d^/^^/w/^t'^/. Aliens . . . .36 Parochial 7'dief . , • ,, IV/iat is not parochial relief 37 Other alms . . • 3^ Ten pounds occupation qualification O'lUner or tenant Land or teneine?it Clear yearly value Assessed taxes D. — DISQUALIFICATION FOR ELECTION. Office or place of profit Unsalaried office. Share or interest in contract or employ MENT ... Goods sold or luork done Sub-contractor . Trustee Assigni?ient of contract Contract must be continuing Invalid contract Contract zoith fre-cxistin^ body Secret contract . Partnei's ittterest in con tract .... 41 42 43 44 cor- MlSAPPLICATION OF PORATE PROPERTY . Bankrupts. Compounding debtors . Corrupt practices At parliamentary elections . At municipal elections . At local government elections At school board elections At other elections Illegal practices At parliamentary elections . At municipal and other elections Treason and felony . Officers .... Army .... 38 39 40 !) 41 44 45 46 e. — exemptions from service as county councillors. Lunatics, etc. . . -47 Persons who, Are above 65 years old. Have already served . Have paid the fine Refusal on conscientiou GROUNDS ... Officers . . . .48 Military and naval Reserved forces . Officers — continued. Excise officers Registrars of births, etc. Postal officers Inland Revenue officers Customs officers . Factory i^ispectors Professional men Medical practitioners . Dentists III.— THE What paid agents may be employed Under the M.C. A. Candidate's representative Under the M. E. C. I. P. A. Clerks and messengers Polling agents Agents for election expenses Under the B. A. Polling agents . Coiintinz assents ELECTION STAFF. Effect of the different enact- ments . . . • Incapacities Paid clerks, messengers and polling agents must not vote .... Volunteer assistants All assistants may he agents Declaration of secrecy . Hozu taken 48 49 >j 50 51 52 48 52 53 I. The Office of County Councillor. The M.C.A. is applied to the L.G.A. by ss. 2, 75 ; the M.E.C.I.P.A. by L.G.A. s. 75. 1 5 The County Councillor. "Chap. IV. The county councillors shall be elected for a term of — — three years, and shall then retire together, and their Term of office. ^^^^^^ shall be filled by a new election (L.G.A. s. 2, sub. 2, d.). The first county councillors shall not enter on their ordinary duties, or become the county council, until the first day of April next after their election, or such other day as on the application of the provisional council the Local Government Board may appoint (L.G.A. s. 105, sub. i), and shall retire from office on the ordinary day of election in the third calendar year after the passing of the L.G.A. {ib. s. 104, subs, i, 4), i.e. on the 1st of November, 1891. The exact time when they retire is the first moment of the ordinary day of election, i.e. one moment after midnight of the previous day ; and they cannot act, or vote, or take part in any meeting held on the ordinary day of their election. They do not, as docs the chairman, continue in office until their successors have accepted office {cf. M.C.A. s. 15, sub. 3, and s. 56, subs. 3, 4). Number. The number of county councillors, and their apportion- ment between each of the boroughs which have sufficient population to return one councillor and the rest of the county, shall be such as the Local Government Board may determine (L.G.A. s. 2. sub. 3, a.), and as they have determined by the orders issued by them on the 17th of August, 1888. The Local Government Board may, before the appointed day (as to what is that day see s. 109), and afterwards on the representation of the council of any county or borough, and after the 1st of November, 1889, without any such representation, make an order, after holding a local inquiry, altering the number of county councillors ; and if they make such an order they may by such order divide or alter any electoral division (L.G.A. s. 54, subs. I, 2, 5). And when they make an order uniting two county boroughs, they may, by such order, regulate the number of councillors to be elected for each ward {ib. s. 55, subs, i, 2). The County Councillor s Qualification. 17 Chap. IV. II. The Qualification of a County Councillor. The consideration of who is qualified to be a county Complexity of councillor is far more complicated than in any other ^'^^ ^^^^bject. similar election. In a parliamentary election, the question is confined to a consideration of certain specified disqualifications ; in a municipal election, the subject mainly consists of a consideration of who is qualified to be a burgess ; in a county councillor's election, in addition to the consideration of who is entitled to be a burgess or county elector, there are also to be considered the ten pounds occupation qualification added by the C.E.A. and the qualifications of the peer and parliamentary voter added by the L.G.A. A person is eligible as a county councillor who, Different although not qualified in manner provided by the MCA '^in^^s of as applied by the L.G.A., is .— ' ' "qualification. {a) A peer owning property in the county (see /?ost, p. 18). (d.) A person registered as a parliamentary voter in respect of the ownership of property of what- ■ soever tenure situate in the county (see post, p. 19). And a person is also eligible as a county elector who is : — (c.) A person qualified in manner provided by the M.C.A. as applied by the L.G.A. (see post, p. 22). A person possessing any one of these qualifications is eligible for any electoral division of the county. Al- though a county elector can only vote in the particular electoral division in which he is registered or enrolled, there are no words limiting his qualification for election to that electoral division ; and just as the eligibility of a town councillor is not confined to the particular ward of the borough in which he is enrolled as a burgess or has his qualifying property, but extends to any ward in that borough, so also the eligibility of a county councillor is not confined to the electoral division of the county in c 1 8 The County Councillor's Qualification. Chap. IV. which he is registered as a county elector or has his quahfying property, but extends to any electoral division of that county. The subject of a county councillor's qualification divides itself into three considerations: (i) who are qualified; (2) who are expressly disqualified ; (3) who are exempt from serving, and therefore from election, as county councillors. Of these in their order, and first as to those who are qualified. A. — Peers. A peer owning property in the county is eligible for election as a county councillor (L.G.A. s. 2, sub. 2, b), but the Act does not specify what persons it comprehends in the word peer. Wlio is a In its historical sense the word " peerage " takes in all peer. members or possible members of the House of Lords, and no other persons ; but in the modern sense of the word it is clear that there may be peers who are not lords of parliament, as well as lords of parliament who are not peers (Ency. Britt, tit. " Peerage "). Thus, on the one hand, spiritual lords, though lords of parliament, are not peers ; and on the other hand, a life peer (other than the lords of appeal in ordinary hereinafter men- tioned), though the holder of a peerage, is not a lord of parliament {ib). In its legal sense, the word " peerage " appears to mean the hereditary temporal peerage only, and to require that the holder of a peerage should be a lord of parliament /;/ esse or in posse {ib.). Peers of Scotland and Ireland who are not representative peers, and who do not hold peerages of England, of Great Britain, or of the United Kingdom, are peers, for they are members of the House of Lords in posse ; but Irish peers sitting in the House of Commons lose their privi- lege of peerage so long as they are members of that body {ib.). A lord of appeal in ordinary is a lord of parliament, and ranks as a baron during life ; but as his title is not hereditary, he is not, it would seem, a peer {ib. ; 39 & 40 Vict. c. 59, s. 6 ; 50 & 5 1 Vict. c. 70, s. 2). The judges, though summoned to the House of Lords, Tlie County Coinicillor' s Qualification. 19 •are not peers ; they have no seat or vote, and are not Chap. IV. members of the House (Ency. Britt, tit. " Peerage "). And the children of peers, though called by a title of peerage, are legally commoners {ib.). It would therefore seem that an Irish peer being a what peers member of the House of Commons ; a lord of appeal ^'^^ ^"^ '^^ in ordinary ; the son of a peer ; a life peer ; and a judge, are not peers within the above enactment. With regard to the property in the county which a Property peer must own to be eligible as a county councillor, the ^f ^^pg'g^"'^'^ (expression " property " includes all property, real and personal, and all estates, interests, easements, and rights, whether equitable or legal, in, to, and out of property, real and personal, including things in action, and registers, books, and documents (L.G.A, s. 100). No definition -could be wider, and it is difficult to see what limitation will be placed on the word " property " used in connection with the qualification of a peer. The qualifying property :must be the subject of ownership, but the statute does not require that the property should be in possession, and therefore property in reversion, or on lease or loan to another person, will, it is presumed, satisfy the section. Movable personal property, and therefore goods, chattels, or cattle, are sufficient ; but as they must be *' in the county," it is probable that they must remain there during the whole period that the peer holds office as alderman or councillor. The framers of this enact- ment, which was first introduced into the Bill in com- mittee in the House of Lords, probably intended that the qualifying property should consist of landed estates, •or pecuniary investments, or of some other substantial possession in the county ; but it also seems probable that they overlooked the definition of" property " already in the Bill, and the extensive effect thus given to their enactment. B. — Parliamentary Oiuncrship Voters. A person who is registered as a parliamentary voter Requisites of in respect of the ownership of property of whatsoever the qualifi- . . , ..... r cation. tenure situate in the county, is eligible as a county coun- C 2 20 The County Councillors Qualification. Chap. IV. I. Registra- tion as voter. 2. Ownership of property. 3. Tenure of the property. cillor (L.G.A. s. 2, sub. 2, h). This qualification, it will be observed, requires that the person should be :— 1. A registered voter, 2. In respect of ownership, 3. Of property the subject of tenure, 4. Situate in the county. I The person must be a registered voter, but the section does not require that he should be entitled to be so registered. If then he is in fact registered, that is suffictent, and his title to be so registered cannot be inquired into. He must be registered at the time he seeks election, and probably must remain so registered while he holds office as county councillor. 2. He must be registered in respect of the oiunership of property, and therefore a person who is registered in respect of the occupation of property is not qualified for election as a county councillor. The division of the register in which his name appears, determines whether he is registered as an ownership or as an occupation voter (see infra). 3. The property must be the subject of tenure, and therefore a parliamentary voter whose qualifying pro- perty is not such, cannot be elected a county councillor under this qualification. Now there are two classes of persons entitled as par- liamentary voters in counties, viz., ownership voters, and occupation voters, and each of these classes are entered in separate lists and form separate parts of the register of voters (48 Vict. c. 15, s. 2, sub. 2 ; and sch. II. form I. part I. par. 2, a). The first list, that of ownership voters, which alone comprises the persons entitled to be elected county councillors under this qualification, consists of persons who are entitled to : — (i.) A freehold estate of inheritance of the annual value of 40i-. (8 Hen. VI. c. 7). (2.) An estate for life or lives of freehold tenure of the annual value of 403-., provided such persons actually occupy, or were entitled to such estate on 7th June, 1832, or have since then acquired such estate by marriage, marriage settlement,. TJie County Councillor'' s Qualification. 21 devise, or promotion to a benefice or office Chap. IV. (2 Will. IV. c. 45, s. 18). (3,) An estate for life or lives of freehold, copyhold, or customary tenure of the annual value of £^ (2 Will. IV. c. 45, s. 18 ; 30 & 31 Vict. c. 102, s. 5). (4.) As lessee, sub-lessee, or assignee, to, and, if as sub-lessee or assignee, in actual occupation of, lands or tenements, either : — («.) For the whole unexpired residue of a term, originally created for not less than sixty years, of £^ clear annual value (30 & 31 Vict. c. 102, s. 5) ; or ((5.) For the whole unexpired residue of a term, originally created for not less than twenty years, of ^^50 clear annual value (2 Will. IV. c. 45, s. 20). The last class of these voters, viz., persons entitled as lessee, etc., appear to be qualified as county councillors, seeing that they are " registered in respect of the owner- ship of property situate in the county," although the property in respect of which they are so registered is not properly described as " of tenure." Tenure includes every holding of inheritance, but an estate for years is not a holding of inheritance but a chattel, and is merely a contract for the possession of lands or tenements for some determinate period (2 Black. Comm. 140). There is no tenure between lessor and lessee ; the latter can claim nothing but the fruits of the land (Bracton, lib. ii. c. 9, f. 27), and is possessed not of the land, but of the term of years (2 Black. Comm. 144). But the word tenure is applied in the Registration Acts to leasehold as well as to freehold estates (48 Vict. c. 15, sch. II. form I. part I. par. 2, a), and the intention doubtless was to qualify this last class as well as the three other classes above mentioned. 4. The property must be " situate in the county." 4. Situation of County here means " administrative county," i.e. the '^'^ property. area for which the county council is elected (L.G.A. s. 100), and further means that particular administrative county in which the county councillor seeks election. 22 The County Councillors Qualification. Chap. IV. Statutory C. — Persons qualified tinder M.C.A. We now come to the consideration of what persons ENACTMENT. ^j.g qualified in manner provided by the M.C.A. as applied by the L.G.A., and this is to be ascertained by readino- M.C.A. s. ii, "with such modifications as are necessary to make it applicable " to county councillors (L.G.A. 's. 75). The above section (M.C.A. s. ii), so. modified, reads as follows : — 1. The county councillors shall be fit persons elected by the county electors (M.C.A. s. ii, sub. i) ; that is, in a borough, by the burgesses enrolled in pursuance of the M.C.A., and elsewhere, by the persons registered as county electors under the C.E.A. (L.G.A. s. 2, sub. 4 ;, and see ante, p. 10). 2. A person shall not be qualified to be elected or to^ be a county councillor, unless he : — {a) Is registered and entitled to be registered as a county elector ; or (^,) Being entitled to be so registered in all respects except that of residence, is resident beyond seven miles but within fifteen miles of the county, and is entered in the separate non- resident list directed (by C.E.A. s. 12 ; L.G.A.. s. 75, sub. 12 ; ands. "j^, sub. 6) to be made ; and (^.) In either of those cases, is seized or possessed of real or personal property, or both, to the value or amount, in the case of a county having four or more electoral divisions, of one thousand pounds, and in the case of any other county, of five hundred pounds, or is rated to the poor rate in the county, in the case of a county having four or more electoral divisions, on the annual value of thirty pounds, and in the case of any other county, of fifteen pounds. 3. Provided that every person shall be qualified to be elected and to be a county councillor, who is, at the time of election, qualified to elect to the office of county councillor ; which last-mentioned qualification for being; Tlie County Councillor s Qualification. 23 elected shall be alternative for, and shall not repeal or Chap. IV. take away, any other qualification. 4. But if a person qualified under the last foregoing proviso ceases for six months to reside in the county, he shall cease to be qualified under that proviso, and his office shall become vacant, unless he was at the time of his election, and continues to be, quahfied in some other manner (M.C.A. s. 11). Upon this section the first points to be observed are : (i) that the county councillors must be fit persons (see post, p. 24) ; (2) that mere registration as a county elector, though a sufficient title to vote (M.C.A. s. 51, sub. i), is not alone a sufficient title for election, inasmuch as a person elected under this section must not only be registered, but must be " entitled to be registered " as a county elector (see Middleton v. Simpson, 5 C. P. D. 183 ; R. v. Dixon, 15 Q- B. 33); (3) that all persons resident within, or within seven miles of, the county, and registered and entitled to be registered as county electors, are eligible to the office of county councillor without any property or rating qualification, and that this is the simplest qualification in the M.C.A., and is that under which town councillors are most usually elected ; and (4) that all persons resident beyond seven but within fifteen miles of the county, and entered on the non-resident list, are also eligible, but must possess the property or rating qualification men- tioned in M.C.A. s. II, sub. 2, c, and lose this qualification as soon as they cease to be so resident. It is further to be observed that the words "qualified to elect" refer only to the qualifications in M.C.A. s. 9, and that a person who is entitled " to demand and receive a voting paper and to vote," simply because he is enrolled in the burgess roll, or registered in the register of county electors (see M.C.A. s. 51, sub. i), is not thereby "qualified to elect" if he is not qualified under M.C.A. s. II, inasmuch as s. 51 only carries out the provisions as to qualification of a person in his capacity of voter, and has no reference to the qualifications of a councillor {Flijithayn v. Roxburgh, 17 Q. B. D. 44). 24 The County Councillors Qualification. Chap. IV. Fit persons. Drunkards, idiots, and deaf, dumb, and blind persons. Infants. Returning officers. Clergy. Municipal officers. Women. A fit person is one legally competent to perform the duties of the office to which he seeks election. Thus an habitual drunkard is unfit {R. v. Taylor, 3 Salk. 231) ; and an idiot, a lunatic (unless elected during a lucid interval), and a deaf and dumb person would doubtless be held unfit (see Election Agent, pp. 46, 47). But a blind person is not unfit {ib), though he is exempt from election (see post, p. 47). A county councillor must be of full age (see post, p. 27), and therefore an infant is not a fit person. A returning officer cannot return himself, and is there- fore ineligible, and not a fit person {R. v. Owens, 2 E. & E. 86 ; R. V. White, L. R. 2 O. B. 557 ; and see R. v. B lizard, ib. 55). If the sheriff desires to be a candidate at the first election, he must apply to the county quarter sessions to appoint another person to be returning officer (L.G.A. s. 103, sub. 2 ; and see further hereon, post, p. 55). Clerks in holy orders and other ministers of religion are qualified (L.G.A. s. 2, sub. 2, a), but must possess the qualification under M.C.A. s. il, as applied by L.G.A., as to which see ante, p. 22. The recorder (M.C.A. s. 163, sub. 6) ; the town clerk {ib. s. 17, sub. i) ; the borough treasurer {ib. s. 18, sub. i) ; the elective auditors {ib. s. 25, sub. 2) ; and the revising assessors of a municipal borough {ib. s. 29, sub. 2) ; the clerk to borough justices {ib. s. 1 59, sub. 2) ; and the borough coroner {ib. s. 171, sub. i), are disquali- fied from being members of the town council of their municipal borough ; but there seems to be nothing to disqualify any of them for election as county coun- cillors. It is said that women are disqualified from election as town councillors (see per Mathew, J., in Flintham v. Roxburgh, 17 O. B. D., at p. 47) ; and that " no one can doubt that if an elector would nominate and vote only for a woman as mayor or burgess in parliament, his vote would be thrown away" {Gosling v. Veley, 7 Q. B. 439), and if so, women arc ineligible as county councillors. It is true that these were both obiter dicta, and that the TJie County Councillor s Qualification. 25 ^dictum in the last quoted case probably referred rather Chap. IV. to woman's ineligibility to parliament (which is clear) than to a town council, and was before the earliest Act .(32 & 33 Vict. c. 55, s. 9) in which the municipal franchise was given to women. But it is difficult to refute the argument that the express grant of the right to vote given by M.C.A. s. 6^, is equivalent to a legislative declaration that a woman's rights are so limited, and do not extend to render her eligible for election (Arnold, p. vii., and see Rawlinson, 154 n. {b). On the other hand, an instance is given in Grant on Corporations, p. 6, of a corporation consisting of women as well as men who possessed certain municipal powers ; and women have been constantly elected, without •challenge, as members of the school boards under the Education Acts, where the word " member," equally with the word "person" in the M.C.A., imports the masculine gender, and is therefore to be taken to include females unless the contrary is expressly provided (13 & 14 Vict. c. 21, s. 4). In the Education Acts there is, however, no provision corresponding to M.C.A. s. 62,, on which the main argument of woman's ineligibility as a town coun- cillor is founded. According to the present decisions, a county alderman County is not ineligible as a county councillor, but vacates his ^^^^^rmen. office of county alderman immediately on his accepting his new office of county councillor {R. v. Mayor, etc., of Bangor, 18 Q. B. D. 349). But this decision has been questioned in the House of Lords, and the point cannot be considered as settled {Pritchard v. Mayor, etc., of Bangor, 13 App. Cas. 241). We now come to the consideration of what persons are " entitled to be registered " as county electors, which again divides itself into the consideration of two questions : viz. (i) who are entitled to be enrolled as burgesses ; and (2) who are entitled to be registered as county electors, A person shall not be entitled to be enrolled as a Burgess burgess unless he is qualified as follows : — ?i^'^^^^'^'^" («.) Is of full age ; and ((^.) Is on the 15th of July in any year, and has been 26 TJie County Councillors Qualification. Chap. IV. (^•) id) County elector's qualifica- TION, during the whole of the then last preceding: twelve months, in occupation, joint or several, of any house, warehouse, counting-house, shop, or other building (in this Act referred to as- " the qualifying property ") in the borough ; and Has during the whole of those twelve months resided in the borough, or within seven miles thereof; and Has been rated in respect of the qualifying property to all poor rates made during those twelve months for the parish wherein the property is situate ; and (^.) Has on or before the 20th of the same July paid all such rates, including borough rates (if any), as have become payable by him in respect of the qualifying property up to the then last preceding 5th of January. Every person so qualified shall be entitled to be enrolled as a burgess, unless he : — («.) Is an alien ; or (^.) Has within the twelve months aforesaid received union or parochial relief or other alms ; or (f.) Is disentitled under any Act of Parliament (M.C.A. s. 9, subs. 2, 3). A person shall not be entitled to be registered as a county elector unless he is qualified as follows : — (rt:.) Is of full age ; and {b) Is on the 15th of July in any year, and has been during the whole of the then last preceding twelve months, in occupation, joint or several, of any house, warehouse, counting-house, shop,, or other building (in this Act referred to as "the qualifying property") in any part of the county outside the limits of a borough ; and Has during the whole of those twelve months resided in any part of the county outside the limits of a borough, or within seven miles thereof ; and Has been rated in respect of the qualifying property to all poor rates made during those {c) id) TJie County Councillor s Qualification. 27 twelve months for the parish wherein the Chap. IV. property is situate ; and ((?.) Has on or before the 20th of the same July paid all such rates, including county rates (if any), as have become payable by him in respect of the qualifying property up to the then last preceding 5th of January. Every person so qualified shall be entitled to be registered as a county elector in the parish in which the qualifying property is situate, unless he : — {a.) Is an alien ; or {b.) Has within the twelve months aforesaid received union or parochial relief or other alms ; or {c.) Is disentitled under any Act of Parliament (C.E.A. s. 2, subs. I, 2). Every person enrolled in the burgess roll (or registered in the list of county electors) shall be deemed to be enrolled as a burgess (or registered as a county elector), and every person not enrolled in the burgess roll (or not registered in the register of county electors) shall be deemed to be not enrolled as a burgess (or not registered as a county elector) (M.C.A. s. 45, sub. 8 ; L.G.A. s. 75). The elements of the above two qualifications do not materially differ, and may conveniently be considered together. The first essential is that a burgess or county elector Full age. shall be of full age. Full age is completed at the first moment of the day preceding the twenty-first anniversary of a person's birth, for the law docs not notice a fraction of a day, and a person is thus of full age though he may not have lived twenty-one years by nearly forty-eight hours (i Salk. 44 ; 2 ib. 625 ; ace. I Black. Comm. 464). Thus, a person born at any hour on the 17th of July, 1867, attained his majority immediately after midnight on the night of the 15th of July, 1888), (the first moment of the morning of the i6th of July, 1888). It is not necessary that the elector should have been of full age during the whole of the prescribed period of occupation and residence ; it is sufficient if he attains his full age on the 1 5th of July in the year in which he is to be registered 28 The County CoiLiicillor s Qualification. Chap. IV. Occupation. Successive. {Powell V. Bradley, i8 C. B. N. S. 65). But it is not sufficient if he attains full age after that date, though before the election {Hargreaves v. Hopper, i C. P. D. 195). The next requirement is that the burgess or county elector shall have been in occupation of his qualifying property for the period above mentioned. Occupation is the actual user by a person lawfully entitled to exclusive possession, for the purposes of a dwelling-house or of his trade, business, or profession. Occupation by an agent or servant is sufficient {Niinn v. Denton, 7 M. & G. 66). It is also sufficient if the owner or tenant keeps the house, etc., ready for habitation whenever he pleases to go to it, and although he does not in fact reside in it one day in the year {R. v. St. Pancras, 2 0. B. D. 588) ; or if he use the house partly for warehousing goods, and partly for a sale room {Daniel v. Co7ilsting, 7 M. & G. 122). It is not necessary in order to make a man an occupier that he should actually sleep or take his meals in a house, or that his family should actually dwell in the house ; it is sufficient if he hold the whole, and by himself or his family occupy a part {R. v. Ditcheat, 9 B. & C. 185 ; and see R v. St. Nicholas, Rochester, 5 B. & Ad. 219). A warehouse is occupied if the owner or tenant keep goods therein {Daniel w Coulsting, 7 M. & G. 122) ; a counting-house, if he use it by himself or his clerks during business hours {Downing v. Lnckett, 5 C. B. 40 ; Piercy v. Maclean, L. R. 5 C. P. 252). A compulsory occupation in performance of a person's contract of service, as distingushed from a person's occu- pation as a reward therefor, is not sufficient to qualify for registration {JlPClean v. Prichard, 20 O. B. D. 285). A person is not entitled to be enrolled a citizen of Oxford, or a burgess of Cambridge, by reason of his occupation of any rooms, chambers, or premises in any college or hall of either of those universities (M.C.A. s. 257, sub. 3). Where a person succeeds to qualifying property by descent, marriage, marriage settlement, devise, or pro- motion to a benefice or office, the occupancy of the property by a predecessor in title is equivalent to the occupancy of the successor, and the successor is not TJie County Coiincillo/s Qualification. 29 required to prove his own occupancy before the succession Chap. IV. (M.C.A. s. 33, sub. i). And the quahfying property need not be throughout the twelve months the same property, or in the same parish {ib. sub. 2). The quahfying property must be a house, warehouse. House, ware- counting-house, shop, or other building. A stone and infr"ifou^e™tc. brick built building, with tiled roof, the lower story used as a cowhouse and stable, the upper story as a bedroom, accessible only by a staircase from the stable, is properly described as a house {Nunn v. Denton, i Lutw. 178 ; 7 M. & G. 66). A house may be occupied otherwise than by dwelling in it, and therefore a building occupied partly as a warehouse and sale-room, and partly as workshops, is a " house " {Daniel v. Coulsting, 1 Lutw. 230 ; 7 M. & G. 122). One of several rooms in a house, all occupied as counting-houses, the house having a wooden gate and door at the outer entrance, shut at night but open all day, and none of the occupiers having separate keys, is a " counting-house " {Doivningw. Lucketf, 2 Lutw. 33 ; 5 C. B. 40) ; and so also is a solicitor's office {re Creek, 3 B. & S. 459). A house is still a house although part be let to a lodger, provided the portion so let is not structurally severed from the residue, or pro- vided with a separate entrance, with exclusive dominion over that entrance {R. v. Mayor of Eye, NeobarcTs Case, 9 A. & E. 670, and see Evans Case, ib. 679). The terms house, warehouse, etc., include any part of Part of house, any house, where that part is separately occupied for the purposes of any trade, business, or profession ; and any such part may, for the purpose of describing the qualifi- cation, be described as office, chambers, studio, or by any like term applicable to the case (M.C.A. s. 31, <^). Where an occupier is entitled to the sole and exclusive use of any part of a house, that part shall not be deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part {ib. s. 31, b). Thus, each room in a cotton factory, four stories in height, and which was let off to different persons for cotton spinning, each exclusively occupying and having the key of the door of one room, 30 The County Councillor's Qualification. Chap. IV. "Other building.' in which room each had his own spinning machine, all of which machines were worked by one steam engine and main gearing provided by the landlord, has been held to be a building entitling the occupier to be registered {Wright V. Town Clerk of Stockport, 5 M. & G. 33, and see Greejiway v. Batchelor, 12 Q. B. D. 381). But apart from the above section, part of a house is not a house in point of law unless there is an actual structural severance of the part from the rest of the building {Cook V. Humber, 11 C. B. N. S. 33 ; Henrette v. Booth, 15 C. B. N. S. 500). Everything that can be called a building is not a building within the meaning of the M.C.A. and C.E.A. The building must be in some degree adapted both to be used by man, either for residence or for the industry to which the statute relates, and also to have the degree of durability which is included in the idea of a building {Powell v. Boraston, 18 C. B. N. S. 180) ; it must have permanence and utility, and must contribute to the beneficial occupation of the land, and thus increase the real annual value of the land {Morish v. Harris, L. R. 1 C. P. 162). The following have been held to be buildings : — a brick or stone built cowhouse or stable with a tiled roof and a door with lock and key ( Whitmore v. Toztni Clerk of Wenlock, i Lutw. 10 ; 5 M. & G. 9) ; a wooden shed let into the ground, the roof formed of tarpauling, used for placing in it barrows, shovels, etc. ( Watsoii v. Cotton, 2 Lutw. 53 ; 5 C. B. 51 ; but see Powell v. Boraston, 18 C. B. N, S. 181) ; a similar structure with a thatched roof, used for storing potatoes {Pozvell v. Farmer, 1 8 C. B. N. S. 169) ; a stone building, wath four walls, a roof and a door, used for storing manure {Morish v, Harris, L. R. IC. P. 155); a similar building, with three sides, but open in front, used for milking cows and keeping a pig {Gilham v. Harris, ib. 158) ; a similar building useful as affording shade and shelter to cattle {Berry v. Harris, ib. 159); a lime-kiln {Lyme Regis, B. & Aust. 486). The question of whether an erection is a buildincr is o one for the revising barrister, and unless he gives a The County Councillors Qualification. 31 description inconsistent with its being such, the court Chap. IV, will not interfere ( Watson v. Cotton, 5 C. B. 5 1 ; Morish v. Harris, L. R. i C. P. 162 ; and see Ward v. Overseers of Willesden, i Lutw. 314 ; 2 C. B. 15). The qualification continues although the house has been pulled down and is being rebuilt {Nezu Windsor, K. & O. 153) ; or has been burnt down {Lyme, Cozen' s Case, B. & Aust. 463) ; but not if the occupation is not resumed {Lyme, Hicks' Case, B, & Aust. 460). The right qualification must be entered ; if an elector occupying a " house " is described as occupying a " counting-house," his name must be expunged from the register {R. v. Mayor of Chipping Wycombe, 44 L. J. Q. B. 82). ^ A man is not disqualified from being registered or Letting fur- voting as a burgess in respect of the occupation of any "'^ ^ °^^^' house, by reason only that during a part of the qualify- ing period, not exceeding four months in the whole, he has, by letting or otherwise, permitted such house to be occupied as a furnished dwelling-house by some other person, and during such occupation by another person has not resided in or within seven miles of the borough (48 Vict. c. 9, s. 2). The preamble recites that it is desirable to apply the above provision to voters at municipal elections, and as a woman is such a voter (M.CA. s. 63), it is presumed that the above provision applies to a woman, though it speaks only of " a man." And as it is an Act amending the M.C.A., it is applied to local government elections (L.G.A. s. 75). The next essential is that the burgess or county Residence. elector shall have resided in the borough or in any part of the county outside the limits of a borough, or within seven miles thereof, for the requisite twelve months. Residence denotes the place where a person eats, drinks, and sleeps, or where his family, or his servants, eat, drink, and sleep {R. v. North Cnrry, 4 B. & C. 959 ; R. V. Hammond, 17 O. B. 781 ; Allan v. Gi-eensill 4. M. G. & S. 100). The question of whether there has been such a degree of inhabitance as to be, in substance and in common sense,, a residence is a question of fact in each case 32 The County Councillor s Qualification. Chap. IV. {R. v. Mayor of Exete7', Westcombes Case, L. R.4 Q.B. 1 10, and cf. Dip stale's Case, ib. 114). In order to constitute residence, a person must possess at least a sleeping apartment, but an unin- terrupted abiding at such dwelling is not requisite. Absence, no matter how long, if there be the liberty of returning at any time, and no abandonment of the inten- tion to return whenever it may suit the person's pleasure or convenience so to do, will not prevent a constructive legal residence {Powells. Guest, 18 C. B. N. S. 80 ; Bondv. Overseers of St. George, Hanover Square, L. R. 6 C. P. 3 14 ; and see R. v. Sargent, 5 T. R. 468 ; R. v. Duke of Rich- viond, 6 T. R. 560 ; R. v. Mitchell, 10 East, 517). But the residence must be real, substantial, and bond fide, and not colourable ( WJiitJiorn v. Thomas, i Lutw. 125 ; 7 M. & G. i). And although there need not be an uninterrupted abiding in one place during the whole twelve months, yet there must be the power of returning at any time ; and if a person by his own act, or by force of law, is debarred from returning whenever it suits his pleasure or convenience so to do, he cannot be said to have even a constructive residence. Thus, a person serving under articles to a solicitor in London cannot be said to reside in his father's house in Exeter, although the latter keeps a bedroom in his house for his son's exclusive benefit ; for, being bound by his articles, he has neither the liberty nor the intention to return to the room whenever he likes {Ford v. Drezv, 5 C. P. D. 59) ; and so, also, a person who has contracted to give his per- sonal services daily at such a distance from the qualify- ing property as practically to prevent his returning thereto without a breach of the contract during the term of the service, cannot be said to reside there {Bcal v. TJie Town Clerk of Exeter, 20 O. B. D. 300). A clergyman who has exchanged duties and residence with another for two months, and has thus given up the liberty of returning to his own house during that period, has not resided there during such two months {Ford v. Pye, L. R. 9 C. P. 269 ; and see Durant v. Carter, ib. 261). An officer in the army is subject to the Queen's will and The County Councillor s QuaUfication. 33 pleasure, and is not sni juris, or at liberty to proceed at Chap. IV. his own pleasure to the house he occupies during his leave of absence, and therefore does not reside there {Fordv. Hart, L. R. 9 C. P. 273 ; ace. Spit tall v. Brook, 18 Q. B. D. 426 ; and compare R. v. Michell, 10 East, 511). A person imprisoned more than seven miles from the borough or county is not, during the time he is in prison, sni juris, or at liberty to return to his house, and therefore does not reside there during that term {Powell V. GiLcst, 18 C. B. N. S. 72). A student occupying rooms in a college at a university, under regulations which prohibit his residing in or visiting his rooms during vacation without the express per- mission of the college authorities, cannot be said to reside in such rooms {Tannery. Carter, &6 O. B. D. 231). The seven miles are to be measured in a straight line on a horizontal plane, and may be determined by the ordnance survey map (M.CA. s. 231). The next essential is that the burgess or county Rating, elector shall have been rated in respect of the quali- fying property to all poor rates made during the twelve months for the parish wherein the property is situate (M.CA. s. 9, sub. 2, d). The occupier of every rateable hereditament is to be entered in the rate book, whether the rate is collected from the owner or the occupier, and such occupier is deemed to be duly rated, and any occupier whose name has been omitted, is, notwithstanding such omission, and that no claim to be rated has been made by him, en- titled to every qualification and franchise depending upon rating, in the same manner as if his name had not been so omitted (32 & 33 Vict. c. 41, s. 19). This provision is of general application, and is not confined to cases where an agreement has been made under s, 3 of 32 & 33 Vict. c. 41, or where an order has been made under s. 4 of the same Act (41 & 42 Vict. c. 26, s. 14). If an occupier of any qualifying property claims to be Claim by rated to the poor rate in respect thereof, and pays or o'^'^^pi^'^ ^o be tenders to the overseers the full amount of the poor rate last made in respect of the property, the overseers shall D 34 The County Councillor's Qualification. Chap. IV. Rating of predecessor. Poor rate, when made. Payment of poor rate. By deduction from rent, etc, By instal- Inents. put his name in the rate book in respect of that rate (M.C.A. s. 32, sub. i). If they fail to do so, he shall nevertheless, for the purposes of the M.C.A., be deemed to be rated to that rate {ib. sub. 2). As to what constitutes occupation as a tenant, and not as a servant, so as to entitle the occupier to have his name entered in the rate book, see Smith v. Over- seers of Seghill, L. R. 10 Q. B. 422, and cases there cited. When a person succeeds to qualifying property by descent, marriage, etc., the rating of the predecessor is equivalent to the rating of the successor, and need not be proved (M.C.A. s. 33, sub. i). A poor rate is not made until it is both signed by the overseers and allowed by the justices {Jones v. Biibb, L. R. 4 C. P. 468). It is deemed to be made on the day on which it is allowed by the justices, and if the justices sever in their allowance, then on the day of the last allowance (32 & 33 Vict. c. 41, s. 17). The fifth and last essential is that the burgess or county elector shall have, on or before the 20th of July, paid all rates as have become payable by him in respect of the qualifying property up to the then last preceding 5th of January (see ante, p. 26). Every payment of a rate by the occupier, notwith- standing the amount thereof may be deducted from his rent, and every payment of a rate by the owner, whether he is himself rated instead of the occupier, or has agreed with the occupier or with the overseers to pay such rate, and notwithstanding any allowance or deduction which the overseers are empowered to make from the rate, shall be deemed a payment of the full rate by the occu- pier for the purpose of any qualification or franchise which, as regards rating, depends upon the payment of the poor rate (32 & 33 Vict. c. 41, s. 7). The payment of an instalment of a rate payable by instalments shall, as respects any qualification or fran- chise depending upon the payment of the poor rate, be deemed a payment of such rate in respect of the period to which the instalment applies (32 & 33 Vict. c. 41, TJie County Coiaicillors Qitalijication. 35 s. 15) ; and so also as regards the borough rate (M.C.A, Chap. IV. s. 33, sub, 3), and county rates {ib. ; C.E.A. s. 2, sub. 2). When by way of commission, or abatement, or de- Allowances duction under 32 & ^i Vict. c. 41, an allowance or J^ng'^'^'^"'^' deduction shall actually be made, the same shall, for the purpose of every qualification or franchise depending upon rating, or upon payment of rates, be deemed to have been duly made in pursuance of every or any agreement, order, notice, or proceeding necessary for the validity thereof under that Act, and to be an allowance or deduction which the overseers are empowered to make ; and no qualification or franchise depending upon rating or upon payment of rates shall be defeated by reason of such allowance or deduction not having been made in pursuance of an agreement in writing, order in writing, or notice in writing, or by reason of the want or insufficiency of any agreement, order, notice, or proceeding necessary for the validity thereof under that Act, or by reason of any informality or defect in the making thereof (42 & 43 Vict. c. 10, s. 2). Payment of the entire rate by one or more of parties Payment by jointly rated is a payment by each of them ; and a pay- '^"'"'^ parties, ment made on behalf of the ratepayer, if made by a person whom he has procured to do so by giving him value for it, as payment by his landlord in consideration of higher rent ( Wright v. Town Clerk of Stockport, i Lutw. 32 ; 5 M. & G. 33 ; Moger v. Escott, L. R. 7 C. P. 158), or in part remuneration for the ratepayer's services, is a good payment {Hughes v. Overseers of Chatham, 5 M. & G. 54; I Lutw. 51). But excusal from payment on the ground of poverty is not equivalent to payment for the purposes of the qualification {Abel v. Lee, L. R. 6 C. P. 365) ; and a purely voluntary payment by third parties {e.g. by political persons for political purposes) does not entitle the persons whose rates are thus paid to be registered {R. v. Mayor of Bridgnorth, 10 A. & E. 66). A poor rate becomes due as soon as it has been When pay- published in the manner required by law (17 Geo. II. ^ ^' c. 3, s. I ; I Vict. c. 45, s. 2). A demand upon the rate- payer is not necessary to render the amount due. D 2 36 The County Councillors Qualification. Chap. IV. But a poor rate does not become payable unless it is valid on the face of it {Fox v. Davies, 6 C. B. 1 1 ; 2 Lutw. 97 ; R. V. Dyott, L. R. 9 Q- B. 47)- Thus, if the rate be not signed by two justices, it is not valid on its face, and does not therefore become payable at any time {Fox V. Davics, 6 C. B. 1 1 ; 2 Lutw. 97). And if there is anything left undone which the law requires to be done to create the liability to pay— thus, if an incoming tenant has not been called upon to pay a rate not paid by the outgoing tenant— that rate is not one which has become paytbleV^^^^'^^^^^' v. Boodle, 18 C. B. N. S. 152). A rate which does not by its heading, or by something in the body of the rate, show by what authority and for what purposes it is made, is void {R. v. Eastern Counties Railway Co., 5 E. & B. 974). Non-payment of an illegal rate does not disentitle a person to be registered as a burgess or county elector {R. v. Mayor of New Windsor 7 Q. B. 908) ; but the non-payment of a rate valid on its face will so disentitle {Baker v. Locke, il L. T. 567). The non-payment of a rate made under a local Act does not disqualify, although the town council have power to enforce it as a borough rate {R. v. Mayor, etc.y of Lichfield, 2 O. B. 693). If all the above essentials are fulfilled, the burgess or county elector is qualified, unless he {inter alia) is an alien. An alien is a person born out of the dominions of the Crown of England ; out of the allegiance of the King (i Black. Comm. 366). An alien to whom a certificate of naturalization has been granted by a Secretary of State is entitled to all political and other rights, powers, and privileges, and is subject to all obligations to which a natural-born British subject is entitled or subject (33 & 34 Vict. c. 14, s. 7 ; and see further as to aliens. Election Agent, 47, 250). And the burgess or county elector must not, within the twelve months, have received union or parochial relief, or other alms (M.C.A. s. 9, sub. 3, b). A payment made by poor law guardians to a pauper by way of relief, not of wages, and measured by the wants of the applicant, and not by the quantity of the Aliens. Parochial relief. The County CoiLucillor's Qualificatio}i. 37 work done by him, is " parochial rehef or other alms " Chap. IV. {Margarillv. Overseers of Whitehaven, 16 Q. B. D. 242). A payment made out of the parish funds to or on account of those whom a person is by law bound to support, viz., his wife, his children under sixteen years old (4 & 5 Will. IV. c. ^6, s. 56), the legitimate or illegitimate children of his wife born prior to his marriage with her until such children attain sixteen or their mother dies {ib. s. 57), is relief given to such person. The mother of an illegiti- mate child is, while unmarried or a widow, bound to main- tain such child until the child attains sixteen, and therefore relief given to such child is relief given to her {ib. s. 71). But a person is not bound to support his parents, except on an order of justices, and so relief given to his parent does not disqualify the burgess or county elector (Tv. v. Ireland, L. R. 3 O. B. 130; Trotter v. Trevor, 32 L. J. C. P. 59). The excusal from payment of poor rate on the ground What is not of poverty, is not "parochial relief" within the above ^^^j^"^ statute {Mashiter v. Dujin, 6 C. B. 30) ; nor vaccination, nor the surgical or medical assistance incident to vacci- nation performed or rendered by a public vaccinator (30 & 31 Vict. c. 84, s. 26) ; nor the remission of school fees on account of the poverty of the parent (^s ^34 Vict. c. 75, s. 17) ; nor the payment by the guardians of the school fees of any child whose parent, though not a pauper, is unable by reason of poverty to pay such fees (39 & 40 Vict. c. 79, s. 10) ; nor the receipt of medical or surgical assistance from the trustees of municipal or county charities ; nor the removal by order of a justice to a hospital or place for the reception of the sick at the cost of any local authority ; nor the admission of the voter's child to any public or endowed school (M.C.A. s. 33, sub. 4 ; C.E.A. s. 2, sub. 2) ; nor the admission of any person suffering from infectious disease into any hospital provided by the managers of the Metropolitan Asylum District (46 & 47 Vict. c. 35, s. 7) ; nor the receipt of medical or surgical assistance at the expense of any poor rate (48 & 49 Vict. c. 46, s. 2 ; and see Honey- bottrne v. Hambridge, 18 Q. B. D. 418). 38 The County Councillors Qualification. Chap. IV. Other alms. Ten pounds occupation qualifica- TION. The word " parochial " applies to " alms " as well as to relief, and the provision consequently applies only to such alms as are parochial (R. v. Mayor of Lichfield, 2 Q. B. 693 ; and see R. v. Halesivorth, 3 B. & Ad. 717) ; and, therefore, it would seem that it does not include the receipt of money distributed annually from the income of a public charitable institution established by an indi- vidual for the poor of the borough or county not receiving relief from any parish therein {ib. ; but see Harrison v. Carter, 2 C. P. D. 26 ; Smith v. Hall, 15 Scott N. S. 485 ; Baker v. Tozvn Clerk of Monmouth, 34 W. R. 64 ; Edivards v. Lloyd, 20 Q. B. D. 302, as to the disqualification of parliamentary voters by receipt of alms). Lastly, the burgess or county elector must not be dis- entitled to be enrolled or registered under any Act of Parliament, as to which see a7ite, p. 11. The C.E.A. has added the ten pounds occupation qualification to the old burgess qualification, and to the county elector's qualification, and it is therefore necessary to consider this qualification, as such persons, if registered, and otherwise qualified under the M.C.A. as applied to the L.G.A., are qualified for election as county councillors. Every person who is entitled to be registered as a voter in respect of a ten pounds occupation qualification within the meaning of the provisions of the Registration Act, 1885, which are set out in the schedule to the C.E.A., shall be entitled to be registered as a county elector, and to be enrolled as a burgess, in respect of such qualifica- tion, in like manner in all respects as if the sections of the M.C.A. relating to a burgess qualification included the said ten pounds occupation qualification (C.E.A. s. 3). The provisions above referred to and set out in the above-named schedule, including the amendments necessary to apply these provisions to county electors, are as follows : — A person entitled to be registered as a voter in respect of a ten pounds occupation qualification in a borough, municipal or parliamentary, or in any part of a county outside the limits of a boroudi : — The County Councillor s Qualification. 39 {a.) must during- the whole twelve months immediately Chap. IV. preceding the fifteenth day of Jul}/ have been an occupier as owner or tenant of some land or tenement in a parish [or township] of the clear yearly value of not less than ten pounds ; and {b.) must have resided in or within seven miles of the borough or county during six months imme- diately preceding the fifteenth day of July ; and (c.) Such person, or some one else, must during the said twelve months have been rated to all poor rates made in respect of such land or tenement ; and {d.) All sums due in respect of the said land or tene- ment on account of any poor rate made and allowed during the twelve months immediately preceding the fifth day of January next before the registration, or on account of any assessed taxes due before the said fifth day of January, must have been paid on or before the twentieth day of July. If two or more persons jointly are such occupiers as above mentioned, and the value of the land or tenement is such as to give ten pounds or more for each occupier, each of such occupiers is entitled to be registered as a voter. If a person has occupied in the borough or county different lands or tenements of the requisite value in immediate succession during the said twelve months, he is entitled in respect of the occupation thereof to be registered as a voter in the parish [or township] in which the last occupied land or tenement is situate. An occupier or tenant must have either an estate in, Owner or or must be a lessee for a term of, the land or tenement. As tenant, the occupation must be as of right under a demise which gives the party an exclusive right to the possession of the thing demised (Toms v. Luckett^ 5 C. B. 35). A mere servant {Dobson v. Jones, 5 M. & G. 112 ; Clarke. Overseers of Bury St. Edmunds, i C. B. N. S. 23) ; SI lodger {Pitts v. Smcdley, 7 M. & G. 85) ; a licensee {Smith tenant. 40 TJic County Councillor. Chap. IV. Land or tenement. Clear yearly value. V. Lancaster, L. R. 5 C. P. 246) ; or an object of chanty {Heath v. Haynes, 3 C. B. N. S. 389 ; Heartley v. Ba7ikes, 5 C. B. N. S. 40) do not occupy either as owner or tenant ; but an occupier, though only a tenant at will, occupies as tenant {Rogers v. Harvey, 5 C. B. N. S. 3). " Land " comprehends all things of a permanent sub- stantial nature, and in its ordinary legal signification includes houses or buildings (Co. Litt. 4 « ; 2 Black. Comm. 16, 17); "tenement" comprehends everything that may be holden, provided it be of a permanent nature (2 Black. Comm. 17 ; DasJnvoodw. Ayles, 16 Q. B. D. 301). The tenure is immaterial, provided the voter occupies and the value is ten pounds. There seems to be no definition of what is a tenement other than land, incorporated into or applied to this provision ; but as this qualification is taken from the Registration Act, 1S85, and as the meaning of " tenement " in that Act appears to be a house, warehouse, counting-house, shop, or other building (see 2 Will. IV. c. 45, s. 27), or any part of a house separately occupied for the purpose of any trade, business, or profession (41 & 42 Vict. c. 26, s. 5), this meaning doubtless applies to tenement in this applied provision. As to what is a house, warehouse, counting- house, shop, or other building, see ante, p. 29. It has not yet been decided whether two or more separate parcels of land or buildings, in different parts of the same borough or county, or whether land in one part of the borough or county, and a building in another part of the same borough or county, each not locally contiguous to the other, may be taken together in order to make up one entire qualification, where each taken separately is not of the requisite clear yearly value of ten pounds (Mack. & L. 155, 156, 157). But it would seem that they may be so taken together, and that it is suffi- cient if the voter occupies land, or tenement, however divided and held, if the value amounts to ten pounds (Rog. 70). What is clear yearly value is a question of fact to be determined by the revising barrister upon the evidence before him ; and unless from the facts stated by him the Disqualification for Election. 41 Court is satisfied that his decision is wrong, and Chap. IV absolutely opposed to the facts so stated, they will not review his decision {Coogan v. Luckett, 2 C. B. 185). Clear yearly value is what the land or tenement would let for, over and above the ordinary burthens to which a tenant would be liable who took it subject to those burthens {Coogan v. Luckett, 2 C. B. 182) ; but not over or above landlord's repairs or insurance {CoIvHIn. Wood, 2 C. B. 210). As to the meaning of " resided," see ante, p. 30 ; as to how the seven miles are to be measured, see aiite, p. 33 ; as to rating and payment of poor rates, see ante, P-33- Assessed taxes are such taxes as depend in amount Assessed upon the value of the property on which they are imposed, as the property tax, the house tax, and the land tax. With regard to this ten pounds occupation qualifi- cation it will be noticed that land unbuilt upon is a sufficient subject of qualification ; that the period of residence is six months instead of twelve ; that payment of the county rates is not, but that payment of assessed taxes is, part of this qualification ; and that joint occupiers are each entitled to be separately registered. D. — Disqualification for Election. A person who holds any office or place of profit, other Office or than that of chairman, in the gift or disposal of the profit. county council, is disqualified for being elected and for being a county councillor (M.C.A. s. 12, sub. i, a). Thus the future county coroner (L.G.A. s. 5, sub. i), and the county medical officer of health {id. s. 17, sub. i), are ineligible as county councillors ; and so is a person who accepts an office which enables him to make a profit, even though he does not receive the profit himself, but allows another to do so {Delane v. Hillcoat, 9 B. & C. 310). But where there is a body distinct and separate from the county council, e.g. the committee of visitors of a lunatic asylum under the Lunatic Asylums Act, 1853, 42 Tlie CoiLiity Councillor. Chap. IV. the holding of an office or place of profit under such a body does not, it is submitted, disqualify for election as a county councillor, even though the funds of the separate body are derived from the county rates. And there seems to be nothing to render ineligible the partner of a person holding an office or place of profit. Unsalaried An office to which no salary has been assigned, or to which the salary is contingent on the assignment of duties which also have never been assigned, is not an office of profit {R. v. Barford, Rawlinson, 92). The disqualification ceases as soon as the office ceases (M.C.A. s. 12, sub. I). Share or A person who has directly or indirectly, by himself or INTEREST IN , . , . . ^ CONTRACT OR his partner, any share or mterest m any contract or EMPLOY- employment with, by, or on behalf of the county council, and not being a share or interest in : — {a.) any lease, sale, or purchase of land, or any agreement for the same ; or {b.) any agreement for the loan of money, or any security for the payment of money only ; or {c.) any newspaper in which any advertisement re- lating to the affairs of the county or county council is inserted ; or {d.) any company which contracts with the county council for lighting or supplying with water or insuring against fire any part of the county ; or ((?.) any railway company, or any incorporated com- pany, is disqualified for being elected or for being a county councillor while he thus has any such share or interest (M.C.A. s. 12, sub. I, e, and sub. 2). Goods sold or A contract whereby goods are supplied to, or work is work done. , ^ ,, ... . , . ^, . done for, the county council is within this provision ( IVoolley v. Kay, i H. & N. 307 ; Nicholson v. Fields, 7 H. & N. 810 ; Fletcher v. Hudson, 7 Q. B. D. 611) ; and the contract is not the less a contract because it is small in amount {Lezuis v. Carr, i Ex. D. 487 ; Nicholson v. Fields, 7 H. & N. 816 ; but see Woolley v. Kay, I H. & N. 307). But where the goods supplied arc such as the county Disqualification for Election. 43 council are bound to supply to all comers, such as gas Chap. IV. or water by a town council, and the supply is of the ordinary kind, and at the same price, and upon the same conditions as those which apply in the case of all applicants, no disqualification can, it is submitted, arise, as such a contract is not within the mischief intended to be aimed at. A sub-contractor is, perhaps, not within the sub- Sub-con- tro-ctor section {Le Feuvre v. Lankester, 3 E. & B. 530 ; but see Towsey v. White, 5 B. & C. 125 ; Tomkins v. JoHffe, 51 J. P. 247, and cases there cited). If the contractor is a mere trustee for the county Trustee, councillor, the latter has an interest in the contract, and is disqualified (see Simpson v. Ready, 12 M. & W. 736). If the contract has been assigned, although the Assignment , 1 . 1 ^i. of contract. assignment has not been formally completed, the assignor has no longer any interest in the contract within the meaning of the section (see Dartuiouth, B. & Arn. 460; Maidstone, Rog. 1204). But if a county councillor lends money to a contractor to enable the latter to carry out his contract, and takes an assignment of that contract by way of security for his loan, he is disqualified as having an interest in the contractor's con- tract with the county council {Hiinnings v. Williamson, II Q. B. D. 533). The contract or employment must be continuing ; Contract must where it has been fully performed, and there is nothing ==" for the contractor to do but to receive payment, no disqualification arises (Royse v. Birley, L. R. 4 C. P. 296 ; Lewis v. Carr, i Ex. D. 484 ; Woolley v. Kay, I H. & N. 307). The contract may disqualify, even though the county JjJ^J^^^'^^ councillor cannot sue on the contract for want of the corporate seal {R. v. Francis, 18 O. B. 526). A contract with a pre-existing body whose powers Contract with - , , -1 i_ pre-existmg have been transferred to the county council, may be a \^^^^.^ contract within this provision (see Le Feuvre y. Lankester, 3 E. & B. 530). A contract entered into without the knowledge of Secret the county councillor, or against his orders, and of which ^ 44 The County Councillor. Chap. IV. Partner's interest in contract. Misapplica- tion OF CORPORATE PROPERTY. Bankrupts. Compounding debtors. Corrupt practices. At parlia- mentary elections. At municipal elections. he takes no benefit, does not, it would seem, disqualify {Miles V. Mclhvraith, 8 App. Cas. 120). The interest which a partner of a county councillor has in a contract or employment by the county council, does not disqualify the county councillor, if the latter takes no interest in the contract or employment, and if no such interest can be traced through the partnership affairs. Any member of the county council who has been convicted of the misdemeanour named in M.C.A. s. 124, sub. 6, viz., who has authorized or directed any payment or application of corporate property forbidden by M.C.A. s. 124, or who has assented to, or concurred or participated in, any affirmative vote or proceeding relating thereto, or who has signed or sealed in his individual capacity, or affixed the corporate seal to any instrument by that section declared void, is disqualified for being elected, or for being a county councillor (M.C.A. s. 124, sub. 6). It will be observed that there is no disqualification until conviction. The following persons are also disqualified for being elected, or for being county councillors : — An undischarged bankrupt (M.C.A. s. 39, subs, i, 3, and see further hereon, /6'i-/, p. 193). A debtor who compounds by deed with his creditors, and has not paid his debts in full, or who makes an arrangement or composition with his creditors by deed or otherwise, and has not paid his debts in full or obtained his certificate of discharge (M.C.A. s. 39, subs, i, 3, and see further hereon, post, p. 193). A person convicted on indictment, or reported guilty by an election court, within seven years last past, of any corrupt practice at a parliamentary election (C.I.P.P.A. s. 6, sub. 3 ; ss. 4, 64). This disqualification is un- limited as to the area over which it extends, and such a person is therefore disqualified during the above period throughout England and Wales. A person convicted, or reported guilty by an election court, within seven years last past, of any corrupt practice at a municipal election (M.E.C.I.P.A. s. 2, Disqualification for Election. 45 sub. 2 ; s. 3, sub. i). This disqualification is also Chap. IV, unlimited as to the area over which it extends. A person reported by an election court guilty, by his agents, of any corrupt practice at a municipal election, is disqualified for three years from the date of the report in respect of the borough in which the offence was committed (M.E.C.I.P.A. s. 3, sub. 2). The disqualification for corrupt practices at local At local government elections is the same as at municipal eiectionr"^ elections (L.G.A. ss. 2, 75). A person convicted of a corrupt practice at a school At school board election is disqualified for six years after such elections election from holding any municipal office (36 & 37 Vict. c. %6, s. 8), and therefore any local government office (L.G.A. ss. 2, 75). This disqualification is also unlimited as to the area over which it extends, and such a person is therefore disqualified during the above period for election as a county councillor in any part of England or Wales. A person convicted, or reported guilty by an election At other court, within seven years last past, of any corrupt ^'^'^'^°"^' practice at any of the following elections, viz. : member of a local board, member of improvement commissioners, poor law guardian, member of school board, is dis- qualified for being elected or for being a county councillor (M.E.C.I.P.A. s. ^6). The report must distinctly find the person guilty of the offence ; a mere statement of facts from which guilt may be inferred is insufficient {Grant v. Overseers of Pagham, 3 C. P. D. 80). A person reported, within three years last past, by an election court, guilty by his agents of any corrupt practice at any of the above elections held in the district for which he stands as candidate, is similarly disqualified (M.E.C.I.P.A. s. 36). As to school board elections it may be a question whether these provisions do not impliedly repeal those in the Elementary Education Act (36 & 37 Vict. c. %6, s. 8) quoted above. A person convicted of an illegal practice at a parlia- Illegal mentary election is incapable, during five years from the ^^'^^tices. date of h"s conviction, of being registered as an elector, At pariia- or voting at any election for a public office held for or ^gctbns 46 The County Councillor. At municipal and other elections. Chap, IV. within the county or borough in which the illegal practice was committed (C.I.P.P.A. ss. 10, 64). Such a person is therefore incapable of being registered as a county elector, and is thus, during a like period, dis- qualified for election as a county councillor at any election held within such county or borough (M.C.A. s. II, sub. 2, a). A person convicted of an illegal practice at a municipal election, or at an election for a member of a local board, or improvement commissioners, poor law guardian, or member of school board, is incapable, during five years from the date of his conviction, of being registered as an elector, or voting at any election for a public office, held for or within the borough or district in which the illegal practice was committed (M.E.C.I.P.A. ss. 7, 36, 34) ; and is therefore incapable of being elected during a like period at any county councillor's election held within such borough or district (M.C.A. s. 11, sub, 2, a). Any candidate at any of the above elections whose election has been avoided for extensive illegal practices or illegal payments, etc, at such election, shall not, during the period for which he was elected to serve, or for which, if elected, he might have served, be capable of being elected to or holding any corporate office in the said borough or district (M,E,C.I.P.A. ss. 18, 36). A person convicted of treason or felony, and sentenced to death or penal servitude, or imprisonment with hard labour, or exceeding twelve months, w4io has not endured the punishment to which he has been adjudged, or received a free pardon, cannot hold any public appoint- ment (33 & 34 Vict. c. 23, s, 2 ; and see further hereon Election Agent, p, 59). Such a person is therefore dis- qualified for election as a county councillor (M.C.A. s, 11, sub. 2, a), but there is no disqualification until conviction, (see I Roe. 116 ; New Ross, 2 P. R. & D. 189), and if an appeal or error be pending, the disqualification does not, it would seem, attach. Any commissioned officer in the army on full pay is incapable of being nominated or elected to, or of holding, any office in any municipal corporation (44 & 45 Vict. Treason and FELONY. Officers. Army. Exemptions from Service. 47 c. 58, s. 146) and therefore in any county council (L.G.A. Chap. IV. ss. 2, 75). This provision does not apply to officers of the militia, yeomanry, or volunteers, even though the battalion or corps to which they belong be assembled for training at the time of nomination or election, or during their tenure of office (44 & 45 Vict. c. 58 s. 181, sub. 5). As to the penalties on a county councillor who acts before he has taken the declaration of acceptance of office, or who neglects to take that declaration, or who acts after he has ceased to be qualified, stQ post, p. 186. E. — Exemptions from Service as County Conncillors. The following persons are exempt from serving the offices of county councillor, county alderman, and chair- man of county council. The statutes giving the exemption are- not all directly incorporated into the L.G.A., but inasmuch as the county council is to be constituted and elected in like manner as a town council (L.G.A. s. 2), they are all applied thereto. Any person disabled by lunacy or imbecility of mind, Lunatics, or by deafness, blindness, or any other permanent in- ^"^^^ firmity of body (M.C.A. s. 34, sub. 3, a). Any person who, being above the age of sixty-five Personswho years, claims exemption within five days after notice of . ~ , his election (M.C.A. s. 34, sub. 3, h). years old. Any person who, having within five years before the Have day of his election served the office to which he has been already served. elected, claims exemption within five days after notice of his election (M.C.A. s. 34, sub. 3, b). Any person who, having within five years before the Have paid day of his election, paid the fine for non-acceptance of '^^^ ^^'^' office, claims exemption within five days after notice of his election (M.C.A. s. 34, sub. 3, U). Any person who pays the fine for non-acceptance of the office to which he has been elected (M.C.A. s. 34, sub. i). Any person enabled by law to make an affirmation refusal on instead of taking an oath, and who refuses on conscientious conscien- ° TIOUS grounds to take any oath or make any declaration grounds. 48 TJie County Coitncillors Election Staff. Chap. IV. Officers. Military and naval. Reserved forces. Excise officers. llegistrars of births, etc. Postal officers. Inland Revenue officers. Customs officers. Factory inspectors. Profes- sional MEN. Medical prac- titioners. Dentists. required by the M.C.A., or to take on himself the duties of the office to which he has been elected (M.C.A. s. 36, sub. 3). Any military, naval, or marine officer in H. M.'s service on full pay or half pay, and any officer or other person employed and residing in any of H. M.'s dockyards, victualling establishments, arsenals, barracks, or other naval or military establishments (M.C.A. s. 253). Men enrolled and officers and non-commissioned officers appointed under the Reserve Forces Act, 1867 (30 & 31 Vict. c. no, s. 17). Any officer of excise and person employed in the col- lection or management of the revenue of excise (7 & 8 Geo. IV. c. 53, s. 11). Registrars of births, deaths, or marriages (7 Will. IV. & I Vict. c. 22, s. 18). The postmaster-general and any officer of the post- office (7 Will. IV. & I Vict. c. 33, s. 12). Any officer or person appointed or employed by the commissioners of inland revenue (16 & 17 Vict. c. 59, s. 17). Any commissioner, officer, clerk, or other person acting in the management or service of the customs (39 & 40 Vict. c. 36, s. 9). Inspectors of factories under the Factory and Work- shop Act, 1878 (41 Vict. c. 16, s. 67). Any medical practitioner registered under the Medical Act, 1858 (21 & 22 Vict. c. 90, s. 35). Dentists registered under the Dentists Act, 1878 (41 & 42 Vict. c. 33, s. 30). III. The Election Staff. What paid It is by no means easy to determine what agents a AGENTS may candidate may safely employ for payment at a local BEEMPLOYED. ^ i .u- r i. -n -r\. government election 01 a county councillor. I here is no election agent in the sense in which that term is used at a parliamentary election ; and though the legislature has on several occasions recognised the necessity of a Tlie Co2inty Councillor s Election Staff. 49 candidate at a municipal election employing agents to Chap. IV. assist him in his election, it has apparently never arrived at a clear decision as to what extent it will authorise or disallow such paid assistance. The first statute dealing with the subject is the M.C.A. Under the That Act by s. 58. sub. 6, as modified by L.G.A., s. 75, enacts that " nothing in the B.A., as applied by this Act, shall be deemed to authorise the appointment of any agents of a candidate at a local government election ; but if, in the case of a local government election, an agent of a candidate is appointed, and notice m writing of the appointment is given to the returning officer one clear day before the polling day, then the provisions of the B.A. with respect to agents of candidates shall, as far as regards that agent, apply in the case of that election." Certainly this is not a very happy way of expressing whatever meaning was intended to be con- veyed, for the section commences by saying that nothing shall be deemed to authorise the appointment of any agents, and ends by authorising the appointment of an agent provided the specified notice is given. Upon this enactment it is to be observed that it contemplates the appointment of one agent, and not of any greater num- ber, one clear day before the polling day, and not at any earlier period, or in respect of any proceedings anterior to that one clear day. By sch. III. pt. II. r. 1 1, of that same Act, the M.C.A., as Candidate's modified by L.G.A. s. 75, sub. 4, each candidate may, in 'representative. manner therein prescribed (as to which see post, p. loi), " appoint a person to attend the proceedings before the returning officer." These proceedings take place six days at least before the polling day, and therefore this powder to appoint this particular agent is clearly additional to that contained in M.C.A., s. 58, subu 6, above quoted. The next statute dealing with the subject is the Under the M.E.C.I.P.A. That Act by s. 5, sub. i, specifies the M.E.C.i.P.A. maximum expense that may be incurred " on account of or in respect of the conduct or management of ths election " of a councillor ; and then, in sub. 4 of the same E 50 The County Councillor s Election Staff. Chap. IV. Clerks and messengers, section, speaks of two or more candidates by their agent or agents hiring or using the same committee rooms, or employing or using the services of the same clerks or messengers. These agents must, unless they can be denominated " clerks or messengers," act gratuitously, for by s. 13, sub. i, of the same Act (M.E.C.I.P.A.), as modified by L.G.A., s. 75, it is enacted that no person shall for the purpose of promoting or procuring the election of a candidate at a local government election be eno-aged or employed for payment or promise of payment for any purpose or in any capacity whatever, except as follows (that is to say), {a.) a number of persons may be employed, not ex- ceeding two for a county or electoral division, and if the number of electors in such county or electoral division exceeds 2000, one additional person may be employed for every thousand electors and incomplete part of a thousand electors over and above the said 2000, and such persons may be employed as clerks and messengers, or in either capacity ; and Pollingagents. {b) one polling agent may be employed in each poll- ing station. Provided that this section shall not apply to any engagement or employment for carrying into effect a contract bond fide made with any person in the ordinary course of business. It further enacts that if any person is engaged or employed in contravention of the last quoted sub-section, either before, during, or after an election, the person engaging or employing him shall be guilty of illegal employment, and the person so engaged or employed shall also be guilty of illegal employment if he knew that he was engaged or employed in contravention of this Act (M.E.C.I.P.A., s. 13, sub. 2). And if the illegal employment be by the candidate or with his knowledge and consent, his election is avoided {ib. s. 17, sub. 2 ; s. 8, sub. 2). For the purposes of calculating the number of clerks and messengers that may be employed, the num- ber of electors shall be taken according to the enumera- The County Councillor s Election Staff. 5 1 tion of the electors in the burgess roll (M.E.C.I.P.A. Chap. IV, s. 34), or register of county electors (jb. ; L.G.A. s. 75), and consequently no deductions need be made for absentees, deaths, or the like. Upon this enactment it is to be observed that it does not repeal the provisions of the M.C.A. ; that its object is to limit the number of paid agents who may be employed to assist in " promoting or procuring the election of a candidate " ; that the word election is in the M.C.A. generally used as meaning the poll or polling day, and that the M.E.C.I.P.A, in no way affects the proceedings of the nomination which take place several days before the polling day ; that there is no writ of election, or date as from which an election may be said to commence, and that thus this enactment of the M.E.C.I.P.A. must, it is submitted, be taken to leave the power to appoint " a person to attend the proceedings before the returning officer " where it was before that Act (the M.E.C.I.P.A.) passed, and not to anticipate that such person will attend those proceedings without fee or payment. It is further to be observed that this enact- ment only authorises the employment for payment of a certain number of clerks and messengers, and of one polling agent for each polling station. Later on, this same statute (the M.E.C.I.P.A.), when Agents for ' dealing with the payment of election expenses of a ^'ection •11 11 111 . expenses. councillor, and the return and declaration to be made respecting such expenses, speaks of agents of the candidate, and contemplates payments being incurred by agents on behalf of a candidate, and provides therefor in the form of declaration as to expenses which it prescribes (see s. 21, subs, i, 2, 3, 7 ; sch. IV. ; and No. ^^ post, p. 232). Except so far as these agents are employed after the conduct or management of the election is at an end (as to which see post, p. 157), they must, it is submitted, be unpaid agents. The provisions of the B.A, which apply when an Under the agent is appointed under M.C.A. s. 58, sub. 6 (see ante, ^'^' p. 49), are rr. 21, 26, 29, relative to polling agents ; Polling ^ 2 agents. 52 1 he Ccitnty Ccnuciliors Election Staff. Chap. IV Counting agents. Effect of the different enactments. s. 2 and i-r. 31. 32. y:,, 34. 35. S^. 3/". 5^. relative to counting agents ; and s. 4, and it. 51, 53. 54, 55, relative to both polling agents and counting agents. These provisions do not affect the consideration of what agents may be emplo}-ed for payment. Separate and distinct individuals cannot be employed for payment as counting agents at parliamentary elections (see Election Agent, p. 24), and therefore in this respect the law relating to parliamentary, municipal, and local government elections does not differ. The combined effect of these different enactments therefore appears to be to authorise the employment for payment by a candidate at a county councillor's election of:— (i.) One person to attend the proceedings before the returning officer (see ante, p. 49, and post, p. loi). (2.) A number of clerks and messengers dependent on the number of electors, viz. : — I to 2000 electors, two clerks and messengers. 2001 to 3000 .. three 3001 to 4CK)0 „ four 4001 to 5000 ,, five 5001 to 6000 „ six and so on, adding one more clerk or mes- senger for each additional one thousand or incomplete part of one thousand electors (sec ante, p. 50). (3.) One polling agent for each polling station (see ante, p. 50). (4.) An agent or agents to assist in the payment and settlement of the election expenses and return after the conduct or management of the elec- tion is at an end (see ante, p. 51, and/^j/, p. 161 et seq. But until this construction has received judicial sanction, the power to employ these agents for pa}'ment must be considered as doubtful. TJie County Coiincillor s Election Staff. 53 The saving clause in the proviso to I\I. E.C.I. P.A. s. 13, Chap. TV. sub. I Tsee ante, p. 50), apparently protects any Icgiti- mate contract for printing, etc., or other work done in the ordinary course of business, but does not enlarge the power of obtaining additional clerical or messenger iv.-cvpvci. assistance or work. ties. All persons employed for payment under ?*I. E.G. I.P.A. paid clerks s. 13, sub. I, as clerks, messengers, or polling agents, messengers may or may not be electors, but may not vote {ib. ^eimmuft sub. 3, and see ante, p. 13). not vote. There is no restriction on the number of volunteer Volunteer ASSISTANTS. and unpaid assistants the candidate may employ, nor in respect of the purposes or capacities in which they may be employed. It must be remembered that every assistant, whether All assistants a paid agent or an unpaid volunteer, is an agent lor - '^ whose acts the candidate may be responsible, and by whose misdeeds his election may be avoided, and his future qualification and franchise affected (see Election Agent, Chap. XXVL, p. 337). Every agent authorised to attend at a polling station, ■^•^^^:^^t' ^ <> ^ TION OF or at the counting of the votes, shall, before the opening secrecy. of the poll, make the statutory declaration of secrecy How"t^en. before the returning officer or a justice of the peace (B.A. r. 54). Section 4 of the B.A. referred to in the declaration must be read to the declarant by the person taking the declaration {ib. sch. II., note to form of declaration). The form of declaration is given in B.A. sch. II., and Election Agent, p. 482. ( 54 ) Chap. V. CHAPTER V. THE RETURNING OFFICER, HIS STAFF AND CHARGES. I.— THE RETURNING OFFICER. II.— THE RETURNING OFFICER'S STAFF. III.— THE RETURNING OFFICER'S CHARGES. I.— THE RETURNING OFFICER. Who is the returning Death . . . . OFFICER 55 Sheriff . . . . J( the first ehxtion ,, Mayor .... At future elections >) Alderman Borough electoral divi- Deputy .... sions 56 Geiieral or specific affoint- Construction cf the enactment )» ment .... Writ to borough returning Declaration of secrecy . officer .... 58 II020 taken Effect of the enactment Incapacities Api'ointment by Local Cannot act as candidate's Government Board 59 agent .... Illness or absence . 60 Vote Sheriff .... >> Ineligibility Mayor .... J' Want of title . Alderman >) Does not vitiate election II.— THE RETURNING OFFICER'S STAFF. 62 I Presiding officers . I Poll clerks Counting assistants ,, I Volunteer assistants General power. All necessary officers may he afpointed. But no caiuli- date's agejit. Declaration of secrecy . HI.— THE RETURNING OFFICER'S CHARGES. Advance on; account . 63 Charges, how defrayed . ,, Scale of charges . . 64 Object of the statutes . • ,, Statutory allowances . 65 *^ Notice of electioji" . • „ " ' Preparing and supplying nomination papers" . „ ''^ Travelling expenses'''' . „ ' ' Hire or fitting up of polling stations'" . . .66 ^^ Ballot boxes ^^ . . . ,, the Statutory allowances — cotitinued. ^^ Stationery" ' ' Presiding officers ' ' . " Notices {other than notice of election) " . ' ' Professional and other assis tance" . ^^ All other expenses " . Police . Refreshments . Uncon'i ested election 60 6i 62 63 ;> 67 68 .XIXG Taxation— taxation >» Review of taxation . unu to Appeal from review Discretionary items 70 Taxation of claims against • >> returning officer The Rctitniing Officer. 55 TIL— THE RETURNING OFFICER'S CHARGES.— ^^/////wt-y. Chap. V. Claims against returning officer . . .69 Costs of taxation . . 70 Returning officer's count . Taxation . Application^ when and Iioio to be made Hearing of application . The taxation I. The Returning Officer. The sheriff of each county shall be the returning officer Wiio is the for the first election of county councillors, but if the i^eturning ■' ' . officer. sheriff desires to be a candidate at such election, the county quarter sessions on his application may appoint } v?^ '^'' another person to be the returning officer, and the person so appointed shall, for the purpose of such election, have the powers and duties of the sheriff (L.G.A. s. 103, sub. 2). The duty of filling the office of returning officer is priiiid facie, imposed on the sheriff, and it is not obliga- tory with the quarter sessions to relieve him therefrom. The sheriff, if he makes the above application, will therefore probably be required to submit the name of some person able, competent, and willing to act in his stead, as well as to adduce satisfactory evidence of a bond fide desire on his part to become a candidate at the election for which he is returning officer. If the county quarter sessions do not appoint another person as return- ing officer, the sheriff is compelled to act, and cannot divest himself of that duty. The sheriff having authority in any administrative county, or the largest part thereof, shall, for the purposes of the L.G.A., be deemed to be the sheriff of that county (L.G.A. s. 103, sub. 10). The expression "administrative county " means the area for which a county council is elected {ib. s. 100). In future elections such person as the county council At future may appoint shall be the returning officer (L.G.A. s. 75, *^^'-''^^io"S' sub. 2). But as to all casual vacancies arising between the first election and the appointed day (as to what is 56 The Retimiing Officer. ClIAT. V. Borough Electoral d.visions. Construction of the enact- ment. that day, sec //;. s. 109, sub. i), the sheriff shall be the returning officer (//;. s. 107, sub. 2). In a JDorough the returning officer for the purpose of the election of councillors of the borough {i.e. town councillors) shall continue to be the same as heretofore, and where an electoral division of the county is co- extensive with or wholly comprised in such borough, shall, at the election in such division of a councillor of the county council, act as the returning officer in pursuance of a writ directed to him from the county returning officer, and, so far as respects that election, shall follow the instructions of, and return the names of the persons elected to, the county returning officer in like manner as if he were a deputy returning officer, and any decision of an objection shall be subject to revision by the county returning officer accordingly, and a reference in the M.C.A., and Acts amending that Act, to the town clerk shall, as respects the borough, be construed to refer to the town clerk (L.G.A. s. 75, sub. 6). This provision, which was no doubt introduced to save the rights of municipal corporations, and with a view to avoid inter- ference by county officials from outside the borough, is extremely difficult to construe or to put into practical effect, and apparently leads to some startling conclusions. The first points to consider are, who is " the returning officer " in a borough, and what is meant by the word " election." Now at an election of town councillors for a whole borough, the returning officer is the mayor (M.C.A. s. 53, sub. i), but at an election of town councillors for a ward, the returning officer is the alderman assigned for that purpose by the town council {ib. sub, 2). Whether the election be for a whole borough, or for a borough divided into wards, the adjudication on objec- tions to nomination papers {ib. sch. III. part II. r. 9), and the preparations for taking the poll are performed by the mayor {ib. sch. III. part III. rr. 2, 3, 4) as mayor, not as returning officer ; and until the day of election, the mayor or alderman, as returning officer, possesses no function whatever in relation to the election {Pritchard V. Mayor, etc. of Bangor, 13 A pp. Cas. 258). The word The Returning Officer. 57 "election" in the IM.C. A. refers to the operation which fnAi-. V cuhiiinates in the choice of the person elected ; but the " nomination " and the preparations for the poll precede the "day of election," and whether there be a contest or not, no election is completed, and the names of the persons elected arc not published or returned by the returning officer, until the day of election arrives. A county council is to be elected in like manner as the council of a borough divided into wards (L.G.A. s. 2, sub. ]), and a reference in the L.G.A., or in the enactments applied by the L.G.A. {i.e. the JM.C.A. and the enactments amending the M.C.A.), to the returning officer, or to the mayor, or to the alderman, is to be construed to refer to the returning officer and his deputy (L.G.A. s. 75, sub. 4), i.e. the returning officer appointed by the county council in substitution for the mayor, and for the aldermen assigned for that purpose by the town council iib. sub. 2), and at the first election, the sheriff (/'Z'. s. 103, sub. 2). So far, the L.G.A. combines in one individual, the returning officer, the divers functions which in a muni- cipal election are shared between the mayor and the returning officer (see PritcJiard v. Mayor, etc. of Bangor, 13 App. Gas. 248, 256) ; and when it (the L.G.A.) proceeds to deal with the particular case of an electoral division of a county which is co-extensive with, or wholly comprised in a borough (L.G.A. s. 75, sub. 6), it leaves the opera- tions preceding the day of election (viz, the adjudication on objections to nomination papers and the preparations for the poll) in the official in whom it has, by the preceding subsection (sub. 4), already invested them, and makes no further change in that respect. But with regard to the operations on the day of election, which at a municipal election in a whole borough are performed by the mayor, and in a borough divided into wards are performed by the alderman as returning officer, it enacts that that official shall, at the election in such division of a county councillor, act as the returning officer in pursu- ance of a writ directed to him from the county returning officer. In other words, the word ''election" in this sub. 6 does not include the adjudication on nominations 58 The Returning Officer. Chap. V. Writ to borough returning officer. Effect of the enactment. or the preparations for the poll, and the term " returning officer " refers to the alderman, and not to the mayor, except in the case of a whole borough. The writ issued by the county returning officer is therefore to be directed to the mayor in the case of a whole borough, and to the alderman of each ward in the case of a borough divided into wards ; and as the town clerk in a borough prepares and signs the notice of election, such writ should be sent before the time limited for giving such notice of election (as to what is that time, sec post, p. ^^). For a form of such writ, see No. i?>,post, p. 246. Where an electoral division of a county does not coincide with a ward of the borough, so that no one alderman can be said to be the returning officer of that electoral division, application must, as respects the first election, be made to the Local Government Board to appoint a returning officer (see post, p. 59). Where the electoral division is not co-extensive with, or wholly comprised in a borough, L.G.A. s. 75, sub. 6, does not apply. The system thus promulgated for the election of county councillors in an electoral division, being or forming part of a borough, is somewhat complicated, and may here be summarized as follows : — The county returning officer fixes the day of election for the first election {see post, pp. 89, 90), and issues his writ to the borough returning officer. The town clerk prepares, signs, and publishes the notice of election (see post, p. 88), provides and supplies the forms of nomination paper (see post, p. 94), which on request are filled up by him (see post, p. 94), and are delivered at his office (see post, p. lOO). The town clerk sends notice of the nominations to each candidate (see post, p. loi), receives the appointment of candidate's representative {seepost, p. 102), and the notice of a candidate's withdrawal {see post, p. 105). The county returning officer, or his deputy, attends at the town hall to hear and decide objections to nomination papers (see post, p. 102). The town clerk publishes the names, etc., of persons validly nominated (see post, p. 107), and 71ie Returning Officer. 50 where there is no contest the borough returning officer chap. V. publishes the list of persons elected (see post, p. 107), and returns their names to the county returning officer (see a7ite, p. 56). Where there is a contest, the county returning officer provides everything which is required for the purpose of a poll, and the borough returning officer conducts the poll, counts the votes, gives a casting vote if need be, declares the result of such counting (see post, pp. 116, 123, 137, and Pritchard v. Mayor, etc. of Bangor, 13 App. Cas. 252), and returns the names of the persons elected to the county returning officer (see ante, p. 56). The decision of the borough returning officer on any question arising on a ballot paper is subject to revision by the county returning officer (see post, p. 147), and the decision of the latter is final, subject to reversal on petition questioning the election or return. It is obligatory on the borough returning officer to act in pursuance of the writ directed to him. from the county returning officer, and if he neglects or refuses to do so he is liable to a fine of ^100 (M.C.A. s. 75, sub. i). If from any cause there is no returning officer able to Arpomx- act in any county at the first election of a county council, ^ loca?' the Local Government Board may by order appoint a Government returning officer, and any such order may modify the ^_2H^* provisions of the L.G.A. and the enactments applied by the L.G.A. so far as may appear to the Board necessary for the proper holding of the first election (L.G.A. s. 108, sub. i). This enactment does not appear to provide for the case of there being no returning officer for an electoral division being a borough or part of a borough, but the power to modify the provisions of the L.G.A. will doubtless cure any difficulty arising in that respect. The illness or absence of the county returning officer; the failure of any town council to appoint an alderman as returning officer ; or the fact that the ward of the municipal borough for which any such alderman is appointed returning officer, does not coincide in area with the electoral division comprised in such borough, are instances which would probably be held to put this provision into operation. 6o The Returning Officer. Chap. V. Illness or ABSENCE. Sheriff. Mayor. Alderman. Death. Sheriff. Mavo-. Aklernian. Deputy. There is no provision for the illness or absence of the sheriff of a county (see Election Agent, p. 30), other than L.G.A. s. loS, sub. i, above quoted. But in case of the absence or incapacity to act of the mayor of a municipal borough, the town council shall forthwith choose an alderman to execute the powers and duties of the ma}-or in his place (M.C.A. s. 6-], sub. i). And in case of'the illness, absence, or incapacity to act of the alderman assigned to be the returning officer at a ward election of a municipal borough, the mayor may appoint to act in his stead another alderman, or, if the number of aldermen does not exceed the number of wards, a councillor not being a councillor for that ward, and not being enrolled in the ward roll for that ward (M.C.A. s. 6"], sub. 2). If the sheriff of a county die before the expiration of his year of office, or before he is lawfully superseded, the under-sheriff continues in his office, and executes the same and all things belonging thereunto in the name of the deceased sheriff, until another be appointed (50 & 51 Vict. c. 55, s. 25, sub. i) ; if the sheriffs year of office expires after the election and before the return, his successor may make the return with a special mention of the change (see Heyw. Co. 50). In case of the death of the mayor of a municipal borough, the town council shall forthwith choose an alderman to act in his place (M.C.A. s. 6"], sub. i) ; and the death of a presiding alderman is doubtless an incapacity to act within M.C.A. s. 6j, sub. 2, quoted snpra. The power of the Local Government Board under L.G.xA s. 108, sub. i, quoted ante, p. 59, will also cure any difficulty in respect of the first election. The returning officer, without prejudice to any other power, may by writing under his hand appoint a fit person to be his deputy for all or any of the purposes relating to the election of any county councillor, and may by himself or such deputy exercise any powers and do any things which a returning officer is authorised or required to exercise or do in relation to such election, and shall for the purposes of the election have all the TJie RctitrTiing Officer. 6 1 powers of the sheriff (L.G.A. s. 75, sub. 3). Such a Chap. V. deputy cannot be appointed, and is not bound to act against his own will, and he thus may dernand any fee or remuneration which he may fix as the value of his services. The word " powers " includes rights, juris- diction, capacities, privileges, and immunities {ib. s. 100). A deputy may be appointed for some specific purpose General or only, e.g. to attend at the nomination, or at the poll, and ^Ppofn'iment. not elsewhere, or he may be appointed generally to conduct the whole election. It is not clear whether, when appointed, the deputy so replaces the returning officer as to relieve the latter from all responsibility ; in any case, the returning officer would be -bound to show that the deputy was a " fit " person, and that he exercised due care and judgment in his selection and appointment. The deputy must not be a minor (see Belfast, B. & Aust. 555). There seems to be no objection to appointing two (or more) deputies to take different parts in one election, but such appointments are likely to produce confusion. The returning officer takes the statutory declaration Declara- of secrecy before a justice of the peace (B.A. r. 54). secrecy. Section 4 of the B.A. referred to in the declaration must be read to the declarant by the justice of the peace taking the declaration {ib. sch. II., note to form of declaration). No returning officer, nor his deputy, nor any partner Incapaci- or clerk of either of them, nor any officer appointed by ; the returning officer, nor any partner or clerk of any Cannot act as such officer, shall act as agent for any candidate in the ^gg^t. management or conduct of his election, under penalty of a misdemeanor (B.A. s. 1 1 ; 30 & 31 Vict. c. 102, s. 50). As to the vote and casting vote of a returning officer. Vote. see ante, p. 1 3, and post, p. 148. A returning officer cannot ineligibility. return himself, and therefore cannot be a candidate at the election over which he presides (see ante, p. 24). But he is eligible elsewhere, or as county alderman, or chairman of county council. An election of a person to the office of county Want ok councillor, county alderman, or chairman of county title^ council shall not be liable to be questioned b}- reason of Does not a defect in the title, or want of title, of the person before ''^■^^H^^^ 62 The Returning Officers Staff. CHAr. V. whom the election was had, if that person was then in actual possession of, or acting in, the office giving the right to preside at the election (M.C.A. s. 42, sub. 2) ; and no defect in the appointment of a deputy shall invalidate his acts {ib. s. 237). General I'OWEK. ofhcers be a; But no candidate's atrent. II. The Returning Officer's Staff. The r5.A. is applied to the M.C.A. by s. 58, sub. i ; the M.C.A. to local government elections by L.G.A. s. 75. The returning officer shall appoint and pay such officers as may be necessary for effectually conducting All i^^sary the election (B.A. s. 8) ; but no person shall be appointed ers may i returninfi officer for the purposes of an election who ppomted. "-^J ^ , , , -11 has been employed by any other person m or about the election (B.A. r. 49) ; and no officer appointed by the returning officer, nor any partner or clerk of such officer, shall act as agent for any candidate in the management or conduct of his election under penalty of a mis- demeanor (B.A. s. II ; 30 & 31 Vict. c. 102, s. 50). Every officer or clerk authorised to attend at a polling- station, or at the counting of the votes, shall take the declaration of secrecy before the returning officer or a justice of the peace (B.A. r. 54, and see ante, p. 61). The returning officer shall appoint a presiding officer to preside at each polling station (B.A. r. 21); for a form of appointment, see Election Agent, p. 468. Such presiding officer is entitled to a reasonable fee not exceeding four guineas, and to his travelling expenses not exceeding one shilling per mile if the distance exceeds two miles from his residence (38 & 39 Vict. c. 84, sch. I. part I. ; 48 & 49 Vict. c. 62, s. 4 ; L.G.A. s. 75, sub. 18). The returning officer shall also appoint poll clerks to assist the presiding officer (B.A. ss. 8, 10), not exceeding in number one for every 500 electors, or fraction thereof beyond the first 500, assigned to such polling station (38 & 39 Vict. c. 84, sch. I. part I.) ; for a form of appointment, see Election Agent, p. 469. Each poll clerk is entitled to a fee not exceeding thirty shillings Declara TION OF SECRECY. Presiding officers. Toll clerks. T]ie ReUirniiig Officer's Charges. 63 and to his travelling expenses under the same circum- Chap. v. stances as a presiding officer {ib. ; 48 & 49 Vict. c. 62, s. 4 ; L.G.A. s. 75, sub. 18). For a form of instructions to pre- siding officers and poll clerks, see Election Agent, p. 492. The returning officer may, in addition to any clerks. Counting appoint competent persons to assist him in counting the assistants. votes (B.A. r. 48), not exceeding six such clerks or persons where the number of registered electors does not exceed 3000, and one for every additional 2000 electors (38 & 39 Vict. c. 84, sch. I. part I. ; L.G.A. s. 75, sub. 18). Each such clerk or person is entitled to a fee not exceeding one guinea, and to travelling expenses under the same circumstances as a presiding officer (//;.). The returning officer may also avail himself of the Volttntef.r assistance of any additional persons who are willing to assistants. act voluntarily and gratuitously. Such persons must take the declaration of secrecy if they assist either at the polling station or at the counting of the votes (see ante, p. 61). See further as to the returning officer's staff, Election Agent p. 34. III. The Returning Officer's Charges. A county council shall, on the request of the returning Advance on officer, prior to a poll being taken at any election of a " councillor of such council, advance to him such sum not exceeding ten pounds for every thousand electors at the election as he may require (L.G.A. s. 75, sub. 20) ; and at the first election, the court of quarter sessions in any county, and the Metropolitan Board of Works in the Metropolis, shall advance to the returning officer such sum as is authorised to be advanced by county councils to returning officers for the purposes of an election {ib. s. 103, sub. 9). This advance is merely on account, and credit must be given for it by the returning officer in the account he subsequently sends in to the county council (see post, p. 69). The costs properly incurred by the returning officer in Charges, reference to the first election, and in reference to the Defrayed. first meeting of the provisional council, shall be defrayed 64 The ReUtrniug Officers Charges. ClIAl'. V. Scale of ciiaroks. Olyect of il;e statutes. as expenses of the county council, and may be taxed on an application made by, or by direction of, the provisional council (L.G.A. s. 103, sub. 6 ; and see ib. s. 75, sub. 19 ; and as to the taxation, post, p. 69). The said costs shall not exceed those allowed by Part I. of the First Schedule to the Parliamentary Elections (Returning Officers) Act, 1875, as amended by the Parliamentary Elections (Returning Officers) Act, 1 885, or by such scale as the county council may from time to time frame (L.G.A. s. 75, sub. 18). Until any such scale is framed the charges to be allowed are governed by the above statutes. The allowances under such statutes are maximum charges, but the charges to be made by the returning officer are in no case to exceed the sums actually and necessarily paid or payable (38 & 39 Vict. c. 84, note at the head of sch. I.). The intention of the statute (38 & 39Vict.c.84) as applied by the L.G.A. is, on the one hand, to protect the county council, and therefore the ratepayers, from unreasonable demands of returning officers, and, on the other hand, to indemnify returning officers against all actual expenditure reasonably necessary for the conduct of the election (see South East Essex, 19 Q. B. D. 259). It recognises the increased duties which the B. A. has thrown upon returning officers {ib). It does not limit the right of a returning officer to be paid such charges only as he can vouch {ib. 258 ; but see Shoreditch, 56 L. T. 530) ; nor does it limit him to such items as come, verbatim et literatim, within the several descriptions in the schedule, if they be services or expenses of one of the kinds mentioned in the schedule {South East Essex, 19 O. B. D. 260). The charges must be reasonable, they must have been properly rendered or incurred for the purposes of the election, and they must not exceed the limits fixed by the scale in the schedule (/A). This statute and schedule have on several occasions come under the consideration of the taxing officers and the courts, and the most important of the reported decisions will now be considered. Under the item in the schedule " for preparing and TJie Returning Officer's Charges. 65 publishing the notice of election," the returning officer Chap. V, is entitled to a fair charge for drawing and settling the stvtutory notice in addition to all payments for printing, advertising, allowances. and posting {So7itk East Essex, in Q. B. D., 21 Feb., ..j^J^j^qC 1887) ; but if the drawing or settling is done by some election." person other than the returning officer himself, a voucher for such other person's charge must be produced in addition to the vouchers for the printing, etc. {Shoreditch, ■56 L. T. 530). If the returning officer himself prepares and publishes the notice, he may charge the full maximum allowance, and the same cannot, it would seem, be reduced on taxation {ib. 531). Under the item "for preparing and supplying the "Preparing nomination papers," the returning officer is entitled to a ^"^ supplying J^ ^_ ' "^"^ ^ nomination fair charge for time and expenses in procuring the forms papers." and " supplying " them to applicants, in addition to the payment for the forms or for printing {South East Essex, in O. B. D,, 21 Feb., 1887). But if these services are rendered by any person other than the returning officer himself, a voucher for such other person's charge must be produced in addition to the voucher for the forms or printing {Shoreditch, 56 L, T. 530). If the returning officer himself prepares and supplies the nomination papers, he may charge the full maximum allowance of one guinea, and the same cannot, it would seem, be reduced on taxation {ib. 530- The language of the items in the schedule with respect "Travelling to the allowance of travelling expenses differs. " For ^^P^"^^^* travelling to and front the place of nomination, and of declaring the poll at a contested election," the returning officer is entitled to an allowance not exceeding one shilling per mile (38 & 39 Vict. c. 84, sch. I. part I.). " For conveyance of ballot boxes from the polling stations to the place where the ballot papers are to be counted," he is entitled to a similar allowance {ib.) ; but none is expressly given for conveyance of the ballot boxes to the polling station or from the place where the ballot papers are to be counted. " For travelling expenses of presiding officers and clerks," he is entitled to a similar allowance {ib.) ; and there being in this case no limit the F 66 The Returning Officers Charges. Chap. V. " Hire or fitting up of polling stations." "Ballot boxes." allowance may apparently be claimed for the actual distance travelled from the officer's residence to the polling station, thence to the place of counting, and thence back to the officer's residence ; though, according to one county court judge, presiding officers and poll clerks are only entitled to be paid mileage from their residences to the polling stations, and from thence to the place of counting, and not back to their residences {7'e Ctmiberland Elections, 30 Solicitors' Journal, 749, 755, 772). " Travelling expenses are not to be allowed in the case of any person unless for distances exceeding two miles from the place at which he resides " (38 & 39 Vict, c. 84, sch. I. part I. note) ; but this does not apply to the allowance for the conveyance of the ballot boxes from the polling station. The full maximum allowance of one shilling per mile is not to be allowed, unless the sums actually and necessarily paid or payable amount to or exceed that allowance {South East Essex, Nov., 1886) ; and the allowance seems to be confined to travelling expenses strictly so called {e.g. railway and cab fares, horse hire, etc.), and does not authorize the inclusion therewith of the person's hotel expenses {ib.). Under the item " for hire or necessary fitting up " of polling stations, a charge for an architect or contractor's superintendence of the work has been allowed. But the returning officer should invite tenders for this work, and should not expend more than is necessary. If one building or room contains two polling stations, a double charge may be made. A charge for posting up the " Directions to Voters " or other notices, cannot be made under this item, as such expense is provided for in the item " for the preparation and publication of notices " {South East Essex, Nov., 1886). A charge for writing letters with respect to the hiring or fitting up of polling stations may be included under this item {South East Essex in O. B. D., 21 Feb., 1887), and so also may perhaps be included a charge for firing and lighting. Under the item " for each ballot box purchased," a reasonable charge for the carriage of the boxes from the manufacturers or vendors to the returning officer's place TJie Returnhig- Officers Charges. 6/ of business, has been allowed. A charge for storing or Chap. v. keeping old ballot boxes from one election to another in order to avoid the expense of purchasing or hiring new ones, and whereby considerable expense is saved, may be allowed {So7(th East Essex, 19 O. B. D. 260). A charge for New Testaments or Pentateuchs has been "Stationery." allowed under the item for stationery. The status of the person appointed as presiding officer " Presiding guides the taxing officer in determining the fee to be officers." allowed {South East Essex, Nov., 1 886). To a professional man {e.g. a barrister or solicitor), the full maximum allowance will in general be made ; but the amount to be allowed to a non-professional man {eg. a solicitor's clerk, overseer, schoolmaster, tradesman, etc.) depends on the status of the individual in each case, and is partly determined by analogy to the scale of allowances to witnesses in the High Court of Justice {ib.). The allowance "for the preparation and publication "Notices of notices (other than the notice of election) " covers all (^''^^'^ *^" notices necessarily and properly given, including all election)." posters at the place of nomination, on the polling stations {South East Essex, Nov., 1886), and at the place of counting. If the returning officer himself prepares and publishes these notices, he may charge the full maximum allowance, and the same cannot, it would seem, be reduced on taxation (see ShoreditcJi, 56 L. T. 531). A returning officer, and a deputy returning officer, "Professional cannot, under the head of "professional and other ^"4 °''^'^'' „ assistance " or otherwise, charge for " assistance " person- ally rendered by himself {ShoreditcJi, 56 L. T. 529). But he may obtain " professional and other assistance " from others, and for any such assistance necessarily and properly obtained, he may, under this item, charge for and recover any reasonable charge within the maximum allowed by the schedule to 38 and 39 Vict. c. 84, provided he produces proper vouchers {ib). The returning officer must produce vouchers for "All other whatever allowance he claims under the item " for all expenses." other expenses" {Shoreditch, 56 L. T. 529). Under the item for " professional and other assistance,'' Police. F 2 6S The Returning Officers Charges. Chap. V, or under this item for " all other expenses," the returning officer often seeks to charge the cost of police. But the police stationed in the polling stations are so stationed by virtue of 6 & 7 Vict. c. 18, s. 90, and in a borough parliamentary election the expense of such police is chargeable upon the poor rate {6 ^ J Vict. c. 18, s. 55). There is no provision as to how such expense is to be charged in a county parliamentary or local government election, but with regard to claiming for police under either of the items above mentioned, the presence of a constable at a polling station to take into custody a person charged with a felony can hardly be said to be an expense for " assistance in and about the conduct of the election," nor does it seem arguable that those words, or the words " all other expenses," are to be construed to include this expense in a county parliamentary election when no such construction is necessary in the case of a borough parliamentary election, and when such a construction would in a borough parliamentary elec- tion amount to a repeal, by inference merely, of the express provision in 6 & 7 Vict. c. 18, s. 55. The expense of police engaged in the county or town gene- rally during election times must be paid out of the rate or fund applicable to the general maintenance of the police. Refreshments. It does not seem possible to charge for refreshments to the presiding officers or poll clerks under the item " for all other expenses," as the supply of refreshments is only another form of payment to them for their services (see Barrow-in-Fiirness, 4 O'M. & H. 80), and the maximum allowances in respect of such officers must not be exceeded. The cost of refreshments supplied to officials should in all cases be treated as part of their remuneration, and be added to the amounts paid to them ; and if any maximum limit is not thereby exceeded, the payment for refreshments is lawful, and can be sustained. Uncox- It is doubtful how far a returning officer can TESXFO 1 ELECTION. charge for preparations for a contest where no contest takes place. If, however, the returning officer can TJie Returning Officer's Charges. 69 establish that the time between the nomination and the Chap. V. poll is insufficient, in point of fact, to make the prepara- tions he is compelled to make (see B.A. s. 8), he can probably charge the costs of such preparations as being "reasonable charges" which have been "properly rendered or incurred by him for the purposes of the election " (38 & 39 Vict. c. 84, s. 2). Within fourteen days after the day on which the Claims - , ^ • • , AGAINST return is made, every person havmg any claim agamst returning the returning officer for work, labour, materials, services, officer^ or expenses in respect of any contract made with him for the purposes of the election, shall transmit to him the detailed particulars of such claim in writing, and the returning officer shall not be liable in respect of anything which is not duly stated in such particulars ; and such claim shall, if the accounts of the returning officer be taxed, be also subject to taxation on notice to the claimant, and the determination of the court thereon shall be final for all purposes and as against all persons (38 & 39 Vict. c. 84, s. 5 ; L.G.A. s. 75, sub. 19). As to how these fourteen days are computed, seeposl, p. 167. Within twenty-one days after the day on which the Returning return is made, the returning officer shall transmit to the account. county council a detailed account showing the amounts of all such charges which he claims from the county council ; he shall annex to the account a notice of the place where the vouchers relating to the account may be seen, and shall, at all reasonable times and without charge, allow the county council, or any agent of such council, to inspect and take copies of such vouchers ; and he shall not be entitled to any charges which are not duly included in his account (38 & 39 Vict. c. 84, s. 4 ; L.G.A. s. 75, sub. 19). As to how these twenty-one days are computed, see post, p. 167. If the county council object to any part of the re- Taxation. turning officer's claim, they may, at any time within one ^pp|~^Qj,^ month from the time when the account is transmitted to when and them, apply in the City of London to the Lord Mayor's ^^^l^° ^^ Court, and elsewhere to the county court having jurisdiction at the place of nomination for a taxation of 70 The Returning Officers Charges. Chap. V. Hearing of application, the account (38 & 39 Vict. c. 84, s. 4 ; L.G.A. s. 75, sub. 19). The application should be in writing, it need not be made to the judge personally sitting in court, but should be delivered to the registrar or other officer whose business it is to receive such documents {R. v. Judge of Bloomsbury County Court, 17 O. B. D. 788). There is no power to extend the time within which the application can be made, and if, therefore, it be not made within the above-mentioned fourteen days, it is too late (ib.). The county court judge is not required to deal with the application within any limited time {R. v. Judge of Bloomsbury County Court, 17 Q. B. D. 794), and he may therefore proceed with it in ordinary course. The county council have an absolute right to a taxation ; the county court has no discretion to grant or refuse the application {ib. 791). The taxation. The taxation proceeds " in such manner and at such time and place as the court thinks fit " (38 & 39 Vict. c. 84, s. 4 ; L.G.A. s. 75, sub. 19). The judge is the person primarily charged with the taxation, but he may delegate that duty to the registrar {R. v. Judge of Bloomsbury County Court, 17 0. B. D. 791), or other principal officer of the court (38 & 39 Vict. c. 84, s. 4 ; L.G.A. s. 75, sub. 19). The judge usually refers the account to the registrar for taxation, but the taxation is often conducted in open court, and sometimes with counsel attending on behalf of the several parties interested {Reigate, loth March, 1885). Payments for which proper vouchers cannot be pro- duced should be disallowed {Shoreditch, 56 L. T, 529), but the returning officer is not limited to such charges only as he can vouch {South East Essex, 19 Q. B. D. 258). A particular item is not to be disallowed merely because it is charged under a wrong heading ; if it be a legitimate charge, duly vouched, not unreasonable in itself, and within the maximum when added to the other charges for similar expenditure made under the proper heading, it ought to be allowed {ib. 263). The costs of taxation are in the discretion of the county court, or of the registrar if deputed to him Costs of taxation. The Returning Officer's Charges. 7 1 (38 & 39 Vict. c. 84, s. 4 ; L.G.A. s, 75, sub. 19), and are Chap. V. usually allowed to the returning officer, unless his account is very materially reduced. Judgment may be given for the amount payable to Judgment the returning officer, and with or without costs at the of taxation.^'^ discretion of the county court, and such judgment may be enforced as if such judgment were a judgment in an action in such court (38 & 39 Vict. c. 84, s. 4). And the judge or officer by whom the account is taxed shall deliver to the returning officer, and to the other party to the taxation, a certificate showing the items or amounts allowed or disallowed, with a copy of any order or judgment made thereon (49 & 50 Vict, c, 57, s. i ; L.G.A. s. 75, sub. 19). Either party may, within seven days of the delivery Review of to him of the certificate of taxation, give notice in writing tax ation . to the judge or officer by whom the account was taxed of intention to appeal, specifying in the notice the items and amounts in respect of which he intends to appeal (49 & 50 Vict. c. 57, s. I ; L.G.A. s. 75, sub. 19). The said judge or officer shall thereupon forthwith transmit to the prescribed taxing officer of the Queen's Bench Division of the High Court of Justice the said account, with any vouchers relating thereto, the certificate and the notice of appeal, and such taxing officer shall forthwith proceed to review the taxation in the usual manner, or in such manner as may be prescribed, and shall, if required, receive evidence in relation to the matters in dispute, and may confirm or vary the certificate, and direct by whom all or any part of the costs of review are to be paid, and shall return the certificate as confirmed or varied to the said judge or officer with any such direction, and effect shall be given to a certificate as so confirmed or varied, and to any such direction, as if the same had been a judgment of the county court {ib). " Prescribed " means prescribed by rules of the Queen's Bench Division of the High Court (/<5'.), but no such rules have yet been made. A review of taxation may be appealed in like manner Appeal from as in any ordinary taxation of costs (49 & 50 Vict. 72 The Returning Officers Charges. GHAP. V. c. 57, s. I ; L.G.A. s. 75, sub. 19). This appeal lies first to the judge in chambers, thence to the divisional court of the Queen's Bench Division {Shoreditch, 56 L. T. 529 ^ but see South East Essex, 19 Q. B. D. 252, where the appeal was taken direct from the master to the court). The Act does not in terms give an appeal from the Queen's Bench Division to the Court of Appeal, and the taxation seems to be final (see 38 & 39 Vict. c. 84, s. 4 ; R. V. Judge of Lambeth County Court, 17 Q. B. D. 96), subject to the specific appeal now given (49 & 50 Vict. c. 57, s. i). If, however, there be a right of appeal to the Court of Appeal, the special leave of the Queen's Bench Division appears to be necessary (44 & 45 Vict. c. 6"^, s. 14), as the Returning Officers Acts are construed as one (49 & 50 Vict. c. 57, s. 2) with the B.A. {^'^ & 39 Vict. c. 84, s. i), which again is construed as one with the Registra- tion Acts (B.A. s. 15), which are named in 44 & 45 Vict. c. &^, s. 14 (and see R. v. Judge of Bloonisbury Coimty Court, 80 Law Times newspaper 413, in which leave to appeal was applied for). The " manner " in which an appeal from a review is brought is governed by regs. 39 to 42 of rule 27 of Order LXV. of the Rules of the Supreme Court, 1883. Objec- tions should therefore be carried in before the prescribed taxing officer gives his confirmation or variation of the certificate, and the application to the judge in chambers should be made within fourteen days therefrom. The appeal from the judge to the divisional court is by motion, made within eight days, or on the first day on which the court may be sitting (Rules of Supreme Court,, Order Liv. r. 24) ; and notice of motion must be served two clear days before the day named for hearing {ib. Order Lll. r. 5). The judge and the divisional court may refuse to entertain the appeal if the above-named objections have not been carried in and answered by the prescribed taxing officer {Soitth East Essex, 19 Q. B. D. 263 ; Shoreditch, 56 L. T. 530). discretionary In matters which are within the discretion of the taxing officer, the judge and the divisional court will not ordinarily interfere, except in cases of gross abuse or Items. The Retuniing Officers Charges. 73 mistake {Marcus v. General Steam Navigation Co., 35 Chap. V. L- T. 353 ; Hargr eaves v. Scott, 4 C. P. D. 21), or where the principle on which the taxing officer has proceeded is erroneous {Sparrozv v. Hill, 7 O. B. D. 362 ; Paddon V. WincJi, L. R. 20 Eq. 449). Where application is made for taxation of the return- Taxation of , 11-1. CLAIMS ing officer s account, he may apply to the county court against to examine any claim transmitted to him by any person returning ^ . r . • . OFFICER. claiming against him, and the court, after notice given to such person, and after hearing him, and any evidence tendered by him, may allow or disallow, or reduce the claim objected to, with or without costs (38 & 39 Vict. c. 84, s. 5 ; L.G.A. s. 75, sub. 19). This examination may be reviewed and appealed in the same manner as a returning officer's account (49 & 50 Vict. c. 57, s. i ; and see ante, p. 71). ( 74 ) CHAP. VI. CHAPTER VI. CANVASSERS AND CANVASSING. Canvassing by volunteers . . 74! Risks of a volunteer canvass . 74 By clerks and messengers . ,, ) Precautiojts to be observed . 75 Canvassing by Canvassing at a county councillor's election on any volunteers. extensive scale can only be carried on by unpaid volun- teers. For, no person shall, for the purpose of pro- moting or procuring the election of a candidate at a local government election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except that a certain number of persons, varying according to the number of electors, may be employed as clerks and messengers, or in either capacity (M.E.C.I.P.A. s. 13, sub. i ; L.G.A. s. 75 ; and see ante, p. 50), under penalty of an illegal employ- By clerks and ment (M.E.C.I.P.A. s. 13, sub. 2). These clerks and messengers, messengers may be employed in canvassing, so far as their leisure permits, s. 82 of the M.C.A., which pro- hibited paid canvassing by electors, being repealed by M.E.C.I.P.A. s. 38 ; but it is not likely that their other vocations will permit of their engaging in canvassing on any thorough or exhaustive scale. Risks of a Canvassing by unpaid volunteers is an extremely volunteer i j i • . i • i canvass. hazardous proceedmg, as every authorised canvasser is an agent for whose corrupt and illegal acts the candidate is responsible ; and the direct contact with the electors, which their occupation necessarily occasions, exposes these canvassers, and their candidate, to many tempta- tions and dangers which it is desirable for every reason to avoid. Canvassers and Canvassing. 75 If, notwithstanding these risks, a canvass by volunteers Chap. VI. Idc decided on, every canvasser should be appointed by pj-gcautions to the candidate or his authorised agent, and not by any be observed. club, association, or organization ; the number so ap- pointed should be as few as possible ; each canvasser should be informed that he is an agent, for whose acts the candidate, whom he desires to assist, will be re- sponsible, and that the election may be avoided if he is guilty of any corrupt or illegal practice. The can- didate, or his agent, should also hand to every such canvasser, and should paste into every canvass book issued by him, printed instructions as to the acts which will render the election void (for a form, see Election Agent, p. 476). Further, the candidate should mark or initial, number, and keep a careful record of, every canvass book issued by him. If lady canvassers are appointed, he should fully and specially warn them as to all acts which they may and may not do. ( 7^ ) Chap. VII. Definition. Committee- men may be held to be agents. CHAPTER VII. COMMITTEES AND COMMITTEE ROOMS. I. COMMITTEES. Definition . . . -7^ Illegal committees . 77 Committccme7i may he held io be agents . . . • ,, Detective committees j> II. COMMIITEE ROOMS. Definition . . . .77 Hiring of prohibited places 79 Places prohibited as committee Number of committee rooms . ,, rooms . . . • 7^ Payment therefor 8o Clubs . . . .5) Hiring .... >> Licensed premises . • j. By two candidates jointly >» Public eleme7itary schools may Rooms lent gratriitoiisly . )> be used . . . -79 I. Committees. A COMMITTEE is a body of individuals to whom the consideration or ordering of any matter is referred (Latham's Johnson's Dictionary). A committee is a Hmited number of persons in whom faith and confidence are placed by a candidate, and between whom there exists some privity ( Westminster, I O'M. & H. 92). A body of 600 persons cannot rightly be denominated a committee {ib^. A committee should consist of as few persons as possible ; it should be appointed by the candidate, and not by any club or association ; it should not be limited to members of any such club or organization, and each member of the committee should be a person upon whose judgment and discretion the candidate can thoroughly rely. A committee may be, individually as well as collectively, agents for whose acts the candidate is responsible (see Election Agent, p. 343), and, if held Committee Rooms. 77 to be such agents, a corrupt or illegal practice com- Chap. Vll. mitted by any one of them may avoid the election. A committee must not be formed for an illegal object. Illegal Committees were formed, having paid agents at their heads, for the purpose of getting the voters together, so that the latter might be corrupted at any moment at which it might become necessary, and it was held that the proceedings of this committee amounted to bribery (Stafford, 21 L. T. 210). Again, while it is permissible Detective 1 -1 1 ^ .- ^ £ J ^ • ^1 committees. to employ a smgle spy or detective to nnd out quietly whether corrupt practices are going on in a particular party, it has been laid down that it is illegal to employ a " vigilance committee," or large body of persons, to search actively for corrupt practices, and that if such persons commit violence it will amount to intimidation {lb.). A detective committee must, therefore, be very careful that it does not, collectively or individually, interfere actively with any person, and that its inves- tigations are not carried to an extent that might subject it to condemnation. II. Committee Rooms. The M.E.C.I.P.A. is applied to local government elections by L.G.A. s. 75. No affirmative definition of a committee room has been Definition, enacted ; but the expression " committee room " shall not include any house or room occupied by a candidate at an election as a dwelling, by reason only of the candidate there transacting business with his agents in relation to such election ; nor shall any room or building be deemed to be a committee room by reason only of the candidate, or any agent of the candidate, addressing therein electors, committee men, or others (M.E.C.I.P.A. s. 34 ; C.I.P.P.A. s. 64). Beyond this, the election court must determine from the circumstances of each particular case, whether a room is or is not a committee room ; but by thus speaking of a room or building, the legislature seems to imply that a committee room may include more than 78 Committee Rooms. Places pro hibited as committee rooms. Chap. VII. a single room. It therefore seems probable, that if reasonably and bond fide required, and especially in the case of a central committee room, the term " com- mittee room " would be held to apply to a set of offices, or entire building, comprising a clerk's room or rooms, and a private consultation room, and would not in- variably be limited to a single room. Any room, place, or building habitually used for the business of the election, should be treated and deemed to be a com- mittee room by the candidate, both in his return of election expenses, and in all other respects. A committee room must not be in any premises which arc licensed for the sale of any intoxicating liquor for consumption on or off the premises, or on which refresh- ment of any kind (whether food or drink) is ordinarily sold for consumption on the premises ; nor any premises where any intoxicating liquor is supplied to members of a club, society, or association, or any part of any such premises (M.E.C.I.P.A. s. i6, sub. i, a, b). If any such prohibited place is hired or used as a committee room, it is an illegal hiring (/^.). But any part of any of the above- named premises which is ordinarily let as chambers or offices, or for public meetings or arbitrations, is not within the above prohibition, if such part has a separate entrance, and no direct communication with any part of the premises on which any intoxicating liquor or re- freshment is sold or supplied as aforesaid {ib. sub. 2 ; and see Devonport, 2 T. L. R. 346). There is no permission, as there is at a parliamentary election, to use the premises of a permanent political club as a committee room {cf. C.I.P.P.A. s. 20) ; and such premises cannot therefore be so used, if they come within either subsection of M.E.C.I.P.A. s. 16. The premises of a club where tea, coffee and other non- intoxicant drinks only are S7ipplied to members, are not within the prohibition contained in M.E.C.I.P.A. s. 16 sub. I, b ; but, if such drinks are ''sold for consumption on the premises," such a club falls within the prohibition contained in sub. i, a of the same section. premises. ^^ licensed premises, refreshment houses, and club Clubs. Committee Rooms. 79 houses, where food or drink is sold, are therefore un- Chap. Vll. available as committee rooms. The words of M. E.C.I. P.A. s, 16, sub. I, b are also large enough to include the premises of any brewer, wine merchant, etc., who supplies the members of a club, society, or association, with any intoxicating liquor for consumption at their private residences, and such premises should therefore also be avoided. But the premises of a public elementary school, which Public , . . ^^ ^ elementary cannot be used as a committee room at a parliamentary schools may election (C.I.P.P.A. s. 20), are not prohibited from l^e used. such use at a local government election (M. E.C.I. P.A. s. 16); and, subject to ■ the paramount right of the returning officer to use schools which receive parliamen- tary grants, and rooms which are maintained out of local rates, for hearing objections to nomination papers, for taking the poll, and for counting votes (L.G.A. s. 75, sub. 16, g; B.A. s. 6), such schools and rooms, when obtainable, may be used as committee rooms at a local government election. The hiring, or letting, or use, of any of the above Hiring of . , , . ^ r r -Li. prohibited prohibited premises, or any part thereof, for a committee places, room is an illegal hiring (M.E.C.I.P.A. s. 16, sub. i, b) ; and if the illegal hiring is by, or with the knowledge or consent of, the candidate, the election may be avoided {ib. s. 17, sub. 2, and s. 8, sub. 2). The hirer, and the person using, are equally guilty of an illegal hiring, and so also is the person letting, or permitting the use, if he knew it was intended to use the room as a committee room {ib. s. 16, sub. \,b). The number of committee rooms that may be hired Number of for payment is less than in the case of a parliamentary*^"'"'"" election. At a local government election there may be hired for payment one committee room for the electoral division, and if the number of electors in such division exceeds 2000, one additional committee room for every 2000 electors, and incomplete part of 2000 electors over and above the said 2000 (M.E.C.I.P.A. s. 4, sub. I, c). Thus, in an electoral division of from 2001 to 4000 electors inclusive, two committee rooms may be rooms. 8o Committee Rooms. Chap. VII. raymcnt therefor. Hiring. By two candi' dates jointly. Rooms lent gratuitously. hired for payment ; in an electoral division having 4001 to 6000 electors, three committee rooms may be hired for payment, and so on. No payment or contract for payment shall, for the pur- pose of promoting or procuring the election of a candidate at a local government election, be made on account of any committee room in excess of the number allowed (M.E.C.I.P.A. s. 4, sub. I, c), under penalty of an illegal practice {ib. sub. 2), avoiding the election, if such payment or contract has been made by the candidate or his agents {ib. s. 8, sub. 2). All contracts for the hire of committee rooms should be entered into by the candidate or by some clerk or agent by himself thereunto lawfully authorised. Great caution should be exercised that the payment is not excessive, but fair and reasonable, and in no sense, "colourable"; and that the room is not resorted to or used for any corrupt, illegal, or improper purpose. For a form of agreement for the hire of a committee room, see No. i post, p. 229. The hire or use of the same committee room by two or more candidates makes them joint candidates for the purposes of calculating the maximum allowances for expenses (M.E.C.I.P.A. s. 5, sub. 4), unless such employ- ment or use be accidental or casual, trivial or unim- portant {ib. sub. 4, a). The candidate, while thus limited as to paid committee rooms, is not prohibited from making use of any number of committee rooms that are lent to him gratuitously, provided such rooms are not in any prohibited place (as to which, see ante, p. 'j'S). ( 81 ) CHAPTER VIII. Chap. VIII. PRINTING AND ADVERTISING. Name, &=€., of printer, !^c., ! Control should be kept over the viust appear on bills, &=€. . 8 1 expenditure . . .84 Payment for exhibiting bills, i Wliat doctunents may usefully o^^., to advertising agent or be printed and advertised . ,, non-elector . . .82 J?eturn of undelivered circulars, "Sandwich men," and bill dis- j cy'c. . . . . -85 tributors . . . • 83 i Gratuitous circulation of ne'ws- IVhat is an ^^ address, bill, or 7iotice," and a " bill, placard, or poster" .... papers And of general political literature , , The M.E.C.I.P.A. is applied to local government elec- tions by L.G.A. s. 75. Every bill, placard, or poster, having reference to a Name, &c., local TOvernment election shall bear upon the face ?^ P"'^'-^'"' ° ^ &c., must thereof the name and address of the printer and pub- appear on lisher thereof; and any person printing, publishing, or ^^^^^' '^^'^■ posting, or causing to be printed, published, or posted, any such bill, placard, or poster without such name and address, shall, if he is a candidate, be guilty of an illegal practice, and if he is not the candidate, shall be liable to a fine of ^100 {M.E.C.I.P.A. s. 14). This provision is mainly intended as a check upon anonymous, scurrilous, and untrue placards ; but, though such is its intention, it is not limited in any way, but extends to all bills, etc., having reference to the election ; and if, therefore, the candidate causes any such bill, placard, or poster, to be printed, published, or posted which does not bear upon its face the name and address of the printer and publisher, the election may be avoided (id. s. 8 sub. 2), unless the candidate gets relief {sqq post, p. 202). Except on the application of a candidate, no relief in respect of this G 82 Printhisr and Advertisins:. Chap. VIII. ofifcnce can be granted, as in the case of other persons " the offence is neither an illegal practice, nor an illegal payment, employment, or hiring, and therefore does not fall within M.E.C.I.P.A. s. 20. A printer, therefore who omits to print his name, etc., on any poster, etc., having reference to an election, is liable to the above fine of ;6^ioo ; he may appeal against his conviction (M.E.C.I.P.A. s. 30; C.I.P.P.A. s. 54 sub. 2), but is without any remedy under M.E.C.I.P.A. s, 20 ; and so far as relief was granted to a printer in ex parte Cla7'k, 52 L. T. 260, the decision must be considered as coram non judice. It will be observed also that the provision applies to any poster, etc., "having reference to an election,"' and that consequently any such poster, etc., printed, etc., months, or even years, before or after the election, may be held to fall within the provision ; though, on the other hand, it is not clear whether " election " is not to be construed, as elsewhere in the Act, as referring to a then impending or current election, and not to one not imminent, or past and gone. As to what is evidence of " printing or causing to be printed," see Bctteszvorth v. Allingham, 16 Q. B. D. 44. Bills, placards, and posters may be exhibited and posted in the usual places in the constituency, or upon or in any shop, window, w^all, or place which the owner agent or non- consents to be SO used. But payment must not be made to, nor must any contract for payment be entered into with, an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any address, bill, or notice, unless such elector be an advertising agent, and the payment to, or contract with him, be made in his ordinary course of business (M.E.C.I.P.A. s. 4, subs. 1,3). Any payment or contract for payment made, either out of the ordinary course of business, or with an elector who is not an advertising agent, for exhibiting bills, etc., whether on his own or any other person's house, hoarding, or premises, or by himself or his servants, is an illegal practice {ib. sub. 2) \ and if an agent of the candidate is guilty of such illegal Payment for exhibiting bills, &c., to advertising Pri?iting and Advertising. 83 practice the election may be avoided {ib. s. 8, sub. 2). Cii.vr. vill. Shopkeepers being electors, cannot therefore be paid for the exhibition of bills or notices. Non-electors may- be paid for exhibiting bills, etc., but such payments must not be " colourable," or excessive, or made with the intention of influencing the votes of electors, in any of which cases it would probably be bribery (see West- minster, I O'M. & H. 90). The hiring of " sandwich-men " and bill distributors " Sandwich- r -t ..... ,,..,. - , , , ... men," and bill for the exhibition and distribution 01 addresses, bills or distributors. notices, is legal (see per Field, J., in Stepney, 4 O'M. & H. 54) ; but advantage must not be taken of this permission to employ for these purposes additional paid clerks or messengers beyond the authorised number, or the candidate may find that he has committed an illegal practice (M.E.C.I.P.A. s. 13, sub. i ; s. 17, sub. 2). The proper course appears to be to entrust these duties to an advertising agent or contractor, or master bill distributor. It would seem also that, so far as regards the " advertising," though not apparently so far as regards the " distributing," addresses and notices, the persons so employed, if electors, must pursue this calling as their regular, not occasional, means of livelihood, and the contracts with them must be made in the ordinary course of business {ib. s. 4, sub. 3). It will be observed that there is a difference in the What is an phraseology of the above provisions. In the earlier ^^^ ^^^^' section of the Act (M.E.C.I.P.A. s. 4, sub. i, b) the notice," and words are " address, bill, or notice " ; while in the later placard! or section dealing with this subject (s. 14), the words are poster." " bill, placard, or poster." The word " bill " appears to be the largest word in either of these phrases ; the words " placard or poster " refer rather to a particular kind of " bill," viz., one capable of being placarded or posted ; and it seems probable that the legislature intended the phrase " address, bill, or notice " to include " bill, placard, or poster" (see Barrow-in-Furness, 4 O'M. & H. yd). Accordingly, it has been held that a document being a copy of a letter from a leading statesman, and another document giving reasons why a particular class of voters G 2 84 Printing and Advertising. Chap. VIII. should vote for a particular candidate, might be lawfully printed, advertised, and distributed, as they fell within the words "address, bill, or notice," although it was urged that these documents were not "addresses or notices " because they were not addressed in terms to any person, and did not notify that anything w^as to happen, or be done {Barrow-in-Furness, 4 O'M. & H. 'jf). On the other hand it has been held that an election handbill urging electors to vote for a particular candi- date, and a voter's polling card containing a copy of the ballot paper, and instructions as to marking same, are not " addresses or notices " {Stepney, per Denman, J. 4 O'M. & H. 52 ; contra, Field, J., ib. 54). A printed letter inviting voters to vote for a particular candidate, left at a voter's residence, and a similar bill posted about the constituency, have been held by justices to be " bills, placards, or posters," but this decision was not confirmed by the court {Bettesworth v. Allingham, 16 O. B. D. 44, 2 T. L. R. 6"]^, and so far as regards the printed letter is, it is submitted, erroneous. A document whose description is doubtful, can often be made an " address " or a " notice," by prefacing it with a few words of address or notification. Control Before any expenses for printing or advertising have should be v^^^j^ incurred, the candidate should form an estimate of kept over the ' expenditure, the amount necessary, and, throughout the election, he should be careful that this amount is not exceeded, as there is often great difficulty in controlling expenditure under this head, and if there is any laxity, the maximum allowance for election expenses may easily be exceeded. What docu- The address of the candidate should be most exten- "^sefull"^be sivcly advertised and circulated. It should be sent to printed and every elector, advertised in every local paper (at an advertised. agj-eed price), and posted on all usual places throughout the constituency. Shop-keepers and inn-keepers should also be requested to exhibit it gratuitously in their win- dows. Notice of election meetings should similarly be advertised, circulated, and posted ; and so also should all other notices of importance or interest to the candi- date or electors. Printing and Advertising. 85 Arrangements can be made with the Post Office to Chap. VIII. return all undelivered circulars, addresses, etc., direct to ' the candidate, or to some specified committee room, and undelivered in this manner changes of address, not previously dis- circulars, &c. covered, may be ascertained. The gratuitous and bond fide circulation of waste Gratuitous - re i ii J' circulation of copies of a newspaper, free of expense to the candi- newspapers. date, has been held to be, though suspicious, not an illegal practice ; but, at the same time, one of the judges (Cave, J.) advised candidates to take advice before resorting to such a practice in future {Norivich, 27 March, 1886: Print. Min. pp. 6j, 'j?>). A newspaper, started to favour the views of a particular candidate or party, which is not distributed gratuitously, but sold in ordinary course, and which is dropped soon after the election is over, has been held not to be an election expense {Kennington, 4 O'M. & H. 94). There appears to be nothing illegal or improper in a And of gene- political club, society, association, or a private individual, [f/j^f^Jg^''^ distributing general political literature at an election, provided such literature deals with the views of a political party generally, and is not directed to the pro- motion of the election of any particular candidate. But the candidate and his agents must not aid in such distribution, nor should they accept the gift of any such literature, however general it may be ; they should take care not to adopt the distribution, and should also take such steps as may seem desirable to prevent the club, etc., or private individual, from becoming an agent for whose acts the candidate may be rendered responsible. If the literature is not general, but deals with the election of a particular candidate, it is an election expense, and must be returned by the candidate, no matter by whom the expense was incurred, or the distribution effected. ( 86 ) Chap. IX. Places pro- hibited from use for meetings. What is an election meeting CHAPTER IX. ELECTION MEETINGS. Places prohibited from use for vwetiiigs What is an election meeting Letting creates no clis(ptalification of elector . . . • 87 Bands of music, fags, cockades, Cr'C. . . . • • )> ' The M.E.C.I.P.A. is applied to local government elections by L.G.A. s. 75. All places prohibited from use as committee rooms (as to which see a^ite, p. 78) are equally prohibited from use for holding meetings for the purpose of promoting or procuring the election of a candidate at a local government election (M.E.C.I.P.A. s. 16, sub. i), whether such meetings be public or private. There is no such prohibition in parliamentary elections, and this thus constitutes a material restriction on the ability to hold meetings in support of a county councillor's election. But the meeting must be a meeting held " for the pur- pose of promoting or procuring the election of a candi- date " (M.E.C.I.P.A. s. 16, sub. i). A meeting held to present a requisition to a person to stand for election, and to induce him to become a candidate, is not an election meeting ; for a meeting held to select a candi- date is not a meeting to procure his election, and there is a great distinction between getting a candidate and promoting his election after you have got him {NorzvicJi, 4 O'M. & H. 85, 86). If the primary, and direct, and real object is to get a candidate, then the meeting is not an election meeting, although it indirectly promotes the interest of the party ; but if the nominal object is to get a candidate, while the real object is to promote the Election Meetings. 8y ■election of a particular candidate, then the meeting is an Chai-. IX. election meeting (see id.). There is nothing to prevent an elector from letting Letting any room or place for holding any election meeting, not d^^qutufica- being in a prohibited place, nor does he thereby tion of elector, ■disqualify himself from voting. No payment or contract for payment shall, for the Bands of purpose of promoting or procuring the election of a cockades^^'c candidate at a local government election, be made on account of bands of music, torches, flags, banners, •cockades, ribbons, or other marks of distinction (M.E.C.I.P.A. s. 12, sub. i), under penalty of an illegal payment (Hk sub. 2), and of an illegal practice, if the offence be committed by the candidate, or with his knowledge and consent (id. s. 17, sub. 2). The giving or providing of cockades, ribbons, or other marks of distinction is not illegal per se, as it is in a parliamentary election (see 17 & 18 Vict. c. 102, s. 7), and the giving or providing of bands of music, torches, flags, or banners is also not illegal, if in either case no payment (pecuniary reward, valuable security or consideration, C.I.P.P.A. s. 64 ; M.E.C.I.P.A. s. 34), or contract for payment, be made. ( ss ) Chap. X. When and by whom given. Form and contents. CHAPTER X. [THE NOTICE OF ELECTION. JV/ien and by whom given Form and contents . Day of election . Friday an iinsiiifable day Saturday also an nnsiiit able day Ordinary day of election Si^nattire . 90 Publication . Mis7iomer, inaccurate descrip- tion, or error in notice Failure to hold election . Pozoer to hold it next day Application to High Court Application to Local Govern ment Board 91 92 The M.C.A. and M.E.C.I.P.A. are applied to local government elections by L.G.A. s. 75. Nine days at least before the day for the election of a county councillor, the returning officer or his deputy shall prepare, sign, and publish a notice thereof (M.C.A. s. 54; L.G.A. s. 75, sub. 5); but where an electoral division is co-extensive with, or wholly com- prised in, a borough, the notice shall be prepared, signed, and published by the town clerk (L.G.A. s. 75, sub. 6). "At least" means clear days, and therefore both the day of election and the day of giving the notice must be excluded in calculating these nine days {R. v. Justices of Shropshire, 8 A. & E. 173 ; R. v. Justices of Middlesex 3 D. & L. 109). Sundays, etc., are included in computing these nine days, sqq post, p. ill. The notice of election may comprise matter necessary for several electoral divisions (M.C.A. s. 65), but no form is prescribed, nor is there any direct requirement as to the contents of the notice, except that " there shall be added to every notice of election the notification con- tained in the second schedule to this Act with respect to claims against returning officers " (38 & 39 Vict. c. 84, The Notice of Election. 89 s. 7 ; L.G.A. s. 75, sub. 19). The notice should, however, Chap. X. inform the electors of: — the place at which forms of nomination papers are obtainable (see further hereon /^j/, p. 94) ; the last day when, and the place where, nomina- tion papers must be delivered (as to which SQQpost, p. 100) ; the day when, and the place where, the returning officer or his deputy will attend to hear and decide objections to nomination papers (as to which see post, p. 102) ; and obviously it must state the day of election. With these materials the town clerk, or returning officer, or his deputy (as the case may be), can frame the notice of election, and he may well take as his guide the form of notice applicable to municipal elections (M.C.A. sch. VIII., part II. form H) except that, as no form of nomination paper is prescribed by the L.G.A., it does not seem desirable that he should prescribe any such form. For a form of notice framed on these principles, see No. 10, post, p. 242. The notice may be in writing or print, or partly in writing and partly in print, and " print " includes any mechanical mode of reproduction (L.G.A. s. 99). The first step, therefore, is to fix the day of election. Day of and the returning officer or his deputy, or town clerk (as the case may be), can then calculate the other dependent dates. Now, the day of election at the first election of county councillors may be any day in January, 1889, not earlier than the 14th of January, that the returning officer for the county may fix (L.G.A. s. 103, sub. i). The statute does not expressly except Sundays ; but, though an election held on a Sunday is good at common law, the language of M.C.A. s. 230, sub. 2, and of B.A. r. 56, both incorporated into the L.G.A., support the view that nothing required by these Acts to be done, is to be done on a Sunday. Friday is an unsuitable day to select as the day of Friday an un- election in any county in which there are many Jewish ^^^^^^^ ^y- voters, because the Jewish Sabbath begins at sunset on Friday, and as the Jewish religion prohibits writing by Jews on their Sabbath, while it allows of dictation, and as the presiding officer is not authorised to mark their votes for them on a Friday (see B. A. r. 26), Jewish voters 90 The Notice of Election. Chap, X. may be precluded from exercising the franchise if the day of election be a Friday. Saturday also Saturday is also an unsuitable day to select for the day J " ^ ^ of election in any such county, because of the additional labour that may be thrown on presiding officers in having to mark the votes of Jewish voters (see B. A, r. 26) ; and because of the loss of time, delay, and inconvenience that may thereby be caused to other voters. It is also an unsuitable day, because, if any candidate's counting agent objects to the counting of the votes taking place during the prohibited hours, the returning officer may be pre- vented from proceeding with the counting until the following Monday (see B.A. r. 35, -sa^di post, p. 138). Ordinary day The day SO fixed shall be deemed for the purposes of election. ^f ^^ |^j.g|. election to be the ordinary day of election of county councillors (L.G.A. s. 103, sub. i). There shall be a separate election for each electoral division (M.C.A. s. 50, sub. 2), but all the elections are to be held on the same day throughout the whole county. Although the town clerk prepares, signs, and publishes the notice of election in certain electoral divisions as mentioned ante, p. 88, he does not fix the day of election ; this is fixed by the county returning officer, and is the same day throughout the whole county. In future years the elections of county councillors and of councillors of a borough shall be conducted together, (L.G.A. s. 75, sub. i) ; and the ordinary day of election shall be the ist of November (M.C.A. s. 52). Signature. The notice of election must be signed by the town clerk, returning officer, or deputy returning officer (as the case may be), who prepares it (M.C.A. s. 54 ; L. G. A. s. 75, sub. 5). This signature may be printed {2nd Sligo, I P. R. & D. 211), or affixed by a stamp {Bennet v. Britrnfitt, L. R. 3 C. P. 28 ; Osgood v. Nelson, 41 L. J. O. B. 337 ; Blades v. Lazvrence, L. R. 9 Q. B., 374). It is not necessary that every copy of the notice should be actually signed by the hand of the town clerk, returning officer, or deputy, but it would be prudent that the town clerk, returning officer, or deputy, should sign by his own hand the original notice, or the copy sent TJie Notice of Election. 91 to the printer to be printed {2nd Siigo, i P. R. & D. 21 1) ; chap. X. and, of course, a stamped signature must be affixed ' only by him or by his authority {Blades v. Laivrence, L. R. 9 Q. B. 374). The town clerk, returning officer, or deputy re- rublicaiion. turning officer (as the case may be) shall publish the notice of election by fixing it on the town hall, and in some conspicuous place in the electoral division (M.C.A. s. 54). A notice fixed on the town hall shall be fixed in some conspicuous place on or near the outer door of the town hall (M.C.A. s. 232) ; if there be no town hall in the electoral division, this publication of the notice cannot, of course, be effected. Every bill, placard, or poster used for effecting this publication must bear upon the face thereof the name and address of the printer and publisher thereof (M.E.C.I.P.A., s. 14). For the reasons stated, ante, p. 89, it is better not to give the notice on a Sunday, though, it is submitted, there is no illegality in giving it on that day. No misnomer, or inaccurate description of any person Misnomer, or place named in the notice of election, shall hinder the "■'accurate " _ ' description, or full operation of the Act with respect to that person or error in notice. place, provided the description of that person or place be such as to be commonly understood {see M.C.A. s. 241). As to the meaning of " commonly understood " see R. V. Coivard, 16 Q. B. 819 ; R. v. Gregory, i E. & B. 600 ; R. V. Spratley, 6 E. & B. 363 ; R. v. Tngzvell, L. R. 3 Q. B. 704 ; Moorhoiise v. Linney, 15 O. B. D. 273). But if the notice of election is not given the required number of days before the day of election, the election may be declared void {Hoives v. Turner, 1 C. P. D. 670 ; and see Rye, i P. R. & D. 112 ; Seaford, 3 Lud. 3; Athlone, B. & Arn. 122). If the election is not held on the appointed day or Failure to within the appointed time, it may be held on the day '^^^^ election, next after that day or the expiration of that time .\'°^'^^; [°^'_°'^ (M.C.A. s. 70, sub. i). If it is not held on such last- Application mentioned day, or becomes void, the High Court may, to High on motion, grant a mandamus for the election to be held on a day appointed by the court {ib. sub. 2) ; and 92 The Notice of Election. Chap. X, thereupon public notice shall, by such person as the court directs, be fixed on the town hall (as to which see ib. s. 232, and ante, p. 91), and shall be kept so fixed for at least six days before the day appointed for the elec- tion, and in all other respects the election shall be conducted as directed bytheM.C.A. respecting ordinary elections (M.C.A. s. 70, sub. 3). Under the B.A., public notice is given by advertisements, placards, handbills, or such other means as the person appointed to give the notice thinks best calculated to afford information to the electors (B.A. r. 46), and, though this provision is not applied to M.C.A. s. 70, it would be well to observe it where practicable. Every bill, placard, or poster used for this purpose shall bear upon its face the name and ad- dress of the printer and publisher thereof (M.E.C.I.P.A. s. 14). There is no provision substituting any other place for the town hall in electoral divisions not being boroughs ; and the court should, therefore, in such cases be asked to name some other place. " At least " means clear days (see ante, p. 88). Application to If from any cause no proper first election takes place, menfBo°aTd™" °^' '^^ election of an insufficient number of persons takes place, or any difficulty arises as respects the holding of the first election of county councillors, the Local Govern- ment Board may, by order, do any matter or thing which appears to them necessary for the proper holding of the first election, and may, if it appears to them necessary, direct a new election to be held, and fix the dates re- quisite for such new election (L.G.A. s. 108, sub. i). Any such order may modify the provisions of the L.G.A., and the enactments applied by the L.G.A. so far as may appear to the Board necessary for the proper holding of the first election {ib?). ( 93 ) CHAPTER XI. THE NOMINATION. Chap. XI. Distinction betiveen noinina- iion at parliamentary and local governvioit elections Nomination papers . Providing and supplying When .... Form and contents Filling up. Candidate's surname ami other names. Abode. . . . True abode should be given . Description . Subscription Subscribers must be enrolled Ordinary signatures are sufficient Should agree with names on roll or register. Order of subscription Numbers on roll or register An elector can only sid^- scribe for one electoral division Persons prohibited by law cannot subscribe . Subscribing in excess of vacancies Separate 7iominations essential Delivery of nomination PAPER .... By whom and where . Within what time JVritten consent of absent candidate . . Notice to candidates Candidate's representa- tive .... lOI 93 Appointment of . ,, 94 Delivery of appointment . 102 » Objections to nomination. )j >> Who may object, and when . j> )» Adjudication on objections >> 95 Place for hearing objections . Jurisdiction of the returning S) )> officer. 103 >> Frivolous objections Reception of evidence, amend- 104 96 ment and adjournment . ») 97 Decision of the returjiing > » officer. los 9 > Withdrawal of candidate s> Number of nominations . J> 98 /// excess of vacancies . 5J Equal in nutnber to vacancies >> )) Less in number than vacancies 106 5? N'o valid nomination . 9> >5 Forged, etc., nomination . >> Death of candidate. Publication of valid nomi- 99 nations List of persons elected . 107 M >) Return to clerk of the county council 108 ,, Election for more than one 100 division Summons to attend first meet- )» 5» ing of provisional council 109 J, Computation of time )> ,, Sundays .... Last day falling on a Sunday IIO J, Time not exceeding seven days ,, lOI Timetables III The M.C.A. and M.E.C.I.P.A. are applied to local government elections by L.G.A. s. 75. The nomination at a local government election differs Distinction from that at a parliamentary election in that it precedes, nomination at 94 The Nomination. Chap. XI. parliamentary and local government elections. Nomination PAPERS. Providing and supplying. When. Form and contents. instead of being the first step on, the day of election If there is no contest, the nomination may become the election, but even in that case the result is not announced, and the election does not come into effect, until the day of election arrives. In other respects the procedure at the two elections is very similar, though each is governed by a different set of statutory provisions. Great care should be taken with regard to the nomina- tion. More municipal elections have probably been invalidated through inattention to the enactments and decisions discussed in this chapter than from all other causes put together. Where an electoral division is co-extensive with, or wholly comprised in, a borough, the town clerk, and in other electoral divisions, the returning officer or his deputy, shall provide nomination papers, and shall supply any elector, with as many nomination papers as may be required, and shall, at the request of any elector, fill up a nomination paper (M.C.A. sch. III. pt. 11. r. 6 ; L.G.A. s. 75, subs. 6, 5). No time is named as from when, or between what hours the town clerk, or returning officer, or deputy returning officer (as the case may be), is to supply nomi- nation papers, and he should therefore be prepared to supply them from the day when the notice of election is given (as to which see ante, p. 88), and at all reason- able hours, until the end of the last day for delivery of nomination papers (as to which s&e post, p. lOO). The nomination must be in writing (M.C.A. sch. III. pt. II. r. i), or partly in writing and partly in print (L. G. A. s. 99). No form of nomination is pre- scribed, nor is there any direct requirement as to the contents of the nomination paper, except that the nomination shall be conducted in accordance with the rules in M.C.A. sch. III. pt. II. (M.C.A. s. 55). These rules require that the nomination paper must state the surname and other names of the candidate, with his abode and description {ib. sch. III. pt. II. r. 5), and that it must be subscribed by two electors of the electoral division as proposer and seconder, and by eight other TJie Nomination. 95 electors of the electoral division as assenting to the Chap. XI. nomination {ib. r. 2). The town clerk, or returning officer, or deputy returning officer, must make provision in whatever form of nomination paper they may adopt, for giving effect to these requirements, and may well take as a guide the form of nomination paper applicable to municipal elections (M.C.A. sch. VIIL pt. II. form I). For a form of nomination paper framed on these principles, see No. C), post, p. 241. The nomination paper must be fully filled up before Filling up. it is signed by any one {Harmon v. Park, 7 Q. B. D. 369)- What is a candidate's surname appears to be a Candidate's , • c r J. • J.^ c 1 surname and question 01 lact ; m the case 01 a compound surname ^jj^^j. names. it is usual, and seems proper, to insert as the surname all the names forming the compound surname, and to place the first name of the compound surname first. All the Christian names of the candidate should be set out in full, initials only will not suffice {Mather v. Brown, i C. P. D. 596) ; but a contraction of a Christian name which is well known, and in ordinary use as representing that name (such as " Wm. " for William) is a sufficient statement of such Christian name (see R. v. Bradley, 3 E. & E. 634; Henry v. Armitage, 12 Q. B. D. 257 ; I\Ioorhonse\. Linney, 15 Q. B. D. 279). A person's " abode " within the meaning of this Abode. statute is his residence ; i.e. the place where he lives with his family and sleeps at night, and not his place of business, or one of his several places of business {R. v. Hammond, 17 O. B. 772 ; Allan v. Greensill, 4 M. G. & S. 100 ; and see Alaylmry v. Mndie, 5 M. G. & S. 283). The object of this statute is to give one place of abode (the candidate's residence) by which he can be easily identified, and not to give the electors a choice of one of several places (the candidate's places of business) which they may think fit to select, and at which the candidate may be more or less well known {R. v. Hammond, 17 Q. B. at p. 781). But where a person resides during part of the week, month, or year in one place, and during the other part in another place, each would seem to be his 96 The NojHviation. Chap. XL True abode should be given. abode within the above rule, for a person can have two residences, although he has his family in one only {Bo7id v- Overseers of St. George, Hanover Square, L. R. 6 C. P. 312 ; R. V. Mayor of Exeter, L. R. 4 Q. B. no). And see "residence" ante, p. 31. The true place of abode should be given without regard to whether it is so stated in the register {R. v. Deighton, 5 O. B. 896; R. v. Coward, 16 Q. B. 819; R. V. Aveiy, 18 Q. B. 576 ; Soperv. Mayor of Basingstoke, 2 C. P. D. 440). The nomination must be conducted in accordance with the rules in sch. III. (M.C.A. s. 55) ; but an election shall not be invalidated by a non-compliance with those rules if it appears to the court that the election was conducted in accordance with the principles laid down in the body of the Act (M.CA. s. 72). The rule now under discussion is one of the rules in sch. III., and is a re-enactment of a former statutory provision, often considered by the courts ; and, assuming that the decisions thereon are still law, it would seem that, if a wrong place of abode is given, the nomination paper is bad, even though the statement corresponds with that on the register {R. v. Coward., 6 O. B. 819; R. v. Havwiond, 17 Q. B. 772 ; R. v. Deighton, 5 Q. B. 896) ; and that if, on the other hand, the true place of abode is given, though with some inaccuracy, but not so as to mislead any one, the nomination paper is good {R. v. Spratley, 6 E. & B. 16}^ ; R. v. Gregory, i E. & B. 600 ; Soper V. Mayor of Basingstoke, 2 C. P. D. 440). There are decisions under other statutes in which it has been held that abode does not necessarily mean the place where a person sleeps, and that his place of business is a sufficient description of his abode {Haslope V. Thome, 1 M. & S. 103 ; and see Ablett v. Basham, 5 E. & B. 1019 ; Blackivell v. England, 8 E. & B. 541 ; Heiver v. Cox, 3 L. T. 508) ; that a man may have two places of abode, one where he abides at night, and another where he abides by day {Mason v. Bibby, 2 H. 6 C. 883) ; and that a person may fairly be said to reside where he is daily to be found [ex parte Brewell, j-e Bozuie, 42, L. T. 580). But these statutes are not in The Nomination. 97 pari materia with the M.C.A., and are not, it is submitted, Chap. XI. authorities against the view above stated. " Description " is the act of delineating- or expressing Drscription. a person by perceptible qualities (Johnson's Diet.) ; a setting forth of the nature or condition of a person (see Phillip's Diet.). Where used, as here, in conjunction with " name " and " abode," it means something different from name or place of abode, viz,, the profession, trade, or occupation, if the candidate has any, or his style if he has no occupation (per Field, Q.C. in R. v. Tugwell, L. R. 3 Q. B. at p. 712 ; and per Patteson, J., in R. v. Cozuard, 16 O. B. 826). If there be a total omission of a candidate's description, the nomination paper is bad {R. v. Tngzvell, L. R. 3Q. B. 712). " Subscribe " is to give consent to something written. Subscription. by signing one's name underneath. A person shall be entitled to subscribe a nomination paper if he is en- rolled in the burgess roll, or register of county electors, for the electoral division (as the case may be), and not otherwise (M.C.A. s. 51, sub. i) ; he must be enrolled in the particular division for which he nominates {R. v. Parkinson, L. R. 3 O. B. ii). No person shall subscribe a nomination paper in or for more than one electoral division (M.C.A. s, 51, sub. 2) ; and no one shall subscribe a nomination paper who is prohibited by law from so doing {ib. sub. 3). The same electors may subscribe as many nomination papers as there are vacancies to be filled, but no more {ib. sch. III. pt. II. r. 3) ; but where in the case of a single candidate, and of a single vacancy {Line v. Warren, 14 O. B. D. jG), a person subscribes more nomination papers than one, his subscription shall be inoperative in all but the one first delivered (M.C.A, sch. III. part II. r. 10). Where a nomination paper is subscribed by more than eight assenters, the sub- scriptions subsequent to the first eight are perhaps nullities. The subscribing electors must be enrolled in the Subscribers burgess roll, or register of county electors, which will "j^".^'J^j be in force on the day of election (M.C.A. sch. III. part II. r. 18 ; and see Budge v. Andreivs, 3 C. P. D. II 98 The Nomination. Chap. XT. Ordinary signatures are sufficient. Should agree with names on roll or register. Order of subscription. Numbers on roll or register. 510); and they must not only be enrolled in that roll or register, but must be clearly qualified and entitled to be thereon (see M.C.A. s. 51, sub. 3). A candidate's whole election may thus be defeated if he be proposed or seconded, or his nomination be assented to, by an unqualified elector, and to guard against any danger in this respect it is prudent to nominate a candidate more than once ; there is nothing to prevent different sets of electors nominating the same candidate in separate nomination papers, and a bad nomination cannot avoid a good nomination of the same person {Northcotc V. Pulsford, L. R. 10 C. P. 476). The subscriptions of the proposer, seconder and assenters need not be v/ritten in full, but may be their ordinary signatures {Gothard v. Clarke^ 5 C. P. D. 262 ; and see the heading "signature" in the form of nomination, M.C.A. sch. VIII. part II. form I.) ; but such signatures must be affixed personally, and not by agent or per procuration (see Toms v. Cuming, 7 M. & G. 88 ; i Lut\v. 200). The initials only of a Christian name are sufficient {R. V. Mayor, etc., of Hartlepool, 2 L. M. & P. 666 ; R.x, Avery, 18 O. B. 576 ; Bozudenv. Bcsley, 21 Q. B. D. 309). The subscriptions should agree with the electors' names as entered on the roll or register ; thus, if an elector whose real name is Charles Arthur Burman be entered on the register as Charles Burman, and he subscribe as Charles Arthur Burman, the nomination paper is apparently bad, and may certainly be rejected by the returning officer {Moorhousc v. Linney, 15 O. B. D. 273 ; but see Bowden V. Besley, 21 O. B. D. 309). The proposer should subscribe first, after him the seconder, and lastly the eight assenters ; the nomination must precede the assent, and the subscriptions of the assenting electors must not precede those of the proposer and seconder, or the proper filling in of the candidate's name, etc. {Harmonw. Park, 7 O. B. D. 369). A different proposer or seconder cannot be substituted without the further assent of the eight assenters (/(^.). The numbers on the burgess roll, or register of county electors (as the case may be), of the proposer, seconder The Nomination. 99 and assenting electors, if given in the nomination paper, Chap. xi. must be the correct numbers {GotJiard v. Clarke, 5 C. P. D. 262) ; and if the electoral divisions have a distinct numbering, and the general roll or register has not been numbered consecutively without reference to the electoral divisions or polling districts, the name or description of the electoral division or polling district should be given in addition to the number {Gothardv. Clarke, 5 C. P. D. 253; Henry v. Arniitagc, 31 W. R. 244). The prohibition against subscription for more than An elector one electoral division (M.C.A. s. 51, sub. 2) prevents an scdbTfo/one elector who is ree^istered in several electoral divisions in electoral the same county from nominating for more than one ^^^^'°°" division. He must make his selection, and by the nomination he first subscribes he makes that selection, and he cannot afterwards nominate in any other division ; if he in fact subscribes nomination papers in two or more electoral divisions, the nomination paper first subscribed by him is alone valid (see R. v. Tngzuell, L. R. 3 Q. B. 704 ; R. V. Harrald, L. R. 8 O. B. 418 ; Stepney, /^'o'lH. &H.43)- The prohibition against subscription by persons pro- Persons pro- hibited by law (M.C.A. s. 5 1, sub. 3) prevents any person ^ibited by law subscribing who is disqualified from voting. A person subscribe. who cannot vote cannot nominate, for nomination is the voice or vote of the electors, and becomes the election if no other candidate is nominated (see R. v. Parkinson, L.R. 3 O. B. 11). As to who are prohibited from voting, see ante, p. 1 1. If an elector subscribe more nomination papers than Subscribing there are vacancies to be filled, the paper or papers in "^ excess of .^ ^ vacancies. excess of the required number last subscribed and de- livered to the returning officer is or are alone invalid ; they do not vitiate the valid nomination papers previously subscribed by the same elector, and previously delivered to the returning officer {Biirgoyne v, Collins, 8 Q. B. D. 450). It is at present undecided whether, if an elector subscribe an excessive number of nomination papers, and those last subscribed be delivered to the returning 11 2 J 00 TJ^^ Nomination. c-HAr. XI. officer before that first subscribed, the latter or the former are to be preferred. It is, however, submitted that the nomination paper hist subscribed in excess of the required number is in all cases bad, unless it appear that the subscription and assent to one of the other papers previously subscribed was expressly withdrawn, by notice to the holder of the paper, before such last subscribed paper was delivered to the returning officer ; and that, until the subscription has been acted upon by delivery of the nomination paper to the returning officer, the elector has a right to withdraw his subscription and assent so as to enable him to subscribe and assent to some other nomination. Separate Each candidate must be nominated by a separate nominations nomination paper (M.C.A. sch. III. part II. r. 3). essential. Every nomination paper must be delivered by the Delivery of , -^ , . '■ '■ 1 i. ..1 i. NOMINATION candidate, or his proposer or seconder, at the town rAi'KR^ clerk's office where the electoral division is co-extensive By ^vhom and with, or whoUy comprised in a borough (M.C.A. sch. III. '''^"^- part II. r. 7 ; L.G.A. s. 75, sub. 6), and elsewhere at the place fixed by the returning officer, which place shall, if the electoral division is the whole or part of an urban district, be in that district, and in any other case shall be in the electoral division or in an adjoining electoral division (L.G.A. s. 75, sub. 7). It must not be delivered by an agent {Monks v. Jackson, i C.P.D. ^'^''^, and cannot therefore be transmitted by post. Within what The nomination paper must be delivered as aforesaid, ^™^* seven days at least before the day of election, and before 5 P.M. of the last day for delivery of nomination papers (M.C.A. sch. III. part II. r. 7). "At least" means clear days (see aiite, p. 88). As to the computation of these seven days, see post, p. no. The hour, 5 P.M., is to be determined by Greenwich mean time (43 & 44 Vict. c. 9, s. i), not by local time. There is no power to accept a nomination paper which is delivered after the time limited (see Hoivcs v. Turner, i C. P. D. 680). Written The nomination of a person absent from the United consent of Kincrdom shall be void unless his written consent, criven al)sent ^ ' •=" candidate. Th2 Nomination. lOi within one month before the day of his nomination in Chap. XI. the presence of two witnesses, is produced at the time of his nomination (M.C.A. sch. III. part II. r. i6). The consent should be dated, and its date will probably be accepted as good prima facie evidence of the consent having been given within the one month. "Month" means calendar month (13 & 14 Vict. c. 21. s. 4). The production of this consent should be by the candidate's proposer or seconder, as they are the only persons who are competent to deliver the nomination paper (M.C.A. sch. III. part II. r. 7, and see ante, p. 100) to the town clerk or returning officer, or deputy returning officer who receives the nomination. For a form of consent, see No. 4, /^j-/, p. 232. Where the electoral division is co-extensive with, or Notice to ,1 • 1 • 1 1 ii i. 11 1 •„ candidates. wholly comprised m a borough, the town clerk, and m other electoral divisions the returning officer or deputy returning officer, shall forthwith send notice of every such nomination to each candidate (?kI.C.A. sch. III. part II. r. 8 ; L.G.A. s. 75, subs. 5, 6) ; for a form of this notice, see No. 14, post, p. 245. As these notices are not required to be served or delivered, it is presumed that they may be sent by post ; but, if that method of sending them be adopted, it would be prudent to send them by registered letter. " Forthwith " docs not mean immediately {Roberts v. Brett, 34 L.J.C.P. 241), but within a reasonable time {R. v. Price, 8 Moore, 203 ; A', v. Jnstices of Worcester, 7 Dowl. 7S9 ; Cos tar v. Hetherington, i F. & F. 802), after 5 r.M. on the last day for delivery of nomination papers. Each candidate may, by writing signed by him, or, if Candidate's he is absent from the United Kingdom, then his proposer ™!^^^^'^*' or seconder may, by writing signed by him, appoint a - — person to attend the proceedings before the returning Appointment officer or his deputy, on behalf of the candidate (M.C.A. sch. III. part II. r. 11 ; L.G.A. s. 75, sub. 4). This document may be partly in waiting, and partl)^ in print (L.G.A. s. 99) ; for a form, see No. ^^^post, p. 231. No witness to the signature is required. The person to be appointed is usually a solicitor, as legal arguments often lo: The Nomination. Chai'. XI. Delivery of appointment. Objections to nomina- TION. Who may object, anil when. Adjudica- tion ON objections. Place for hear- ing objections, arise on the proceedings before the returning officer. As to employing him for payment, see ante, pp. 48, 51, 52. When the electoral division is co-extensive with, or wholly comprised in a borough, this appointment must be delivered to the town clerk, and, in other electoral divisions, to the returning officer or his deputy, before 5 P.M. of the last day for delivery of nomination papers (M.C.A. sch. III. pt. 11. r. II ; L.G.A. s. 75, subs. 5, 6) As to what is the last day for delivery of nomination papers, see mite, p 100. Each candidate and his representative may, during the time appointed for the attendance of the returning officer, or his deputy, for the purpose of deciding on objections, object to the nomination paper of any other candidate for the electoral division (M.C.A. sch. III. part II, r. 13 ; L.G.A. s. 75, sub, 4). Every objection must be in writing (M.C.A. sch. III. part II, r. 9) ; or partly in writing and partly in print (L,G,A. s, 99) ; for a form, see No. \^,post, p. 245. As to what is the time appointed for the attendance of the returning officer, or his deputy, see passim, and as to what is the nature of the objections which can and ought to be decided upon by the returning officer or his deputy, sec post, p. 103. The only persons entitled to raise any objection are, it will be observed, " each candidate and his representative." The returning officer, or his deputy, shall attend at the place named in the notice of election on the day next after the last day for delivery of nomination papers for a sufficient time, between 2 P.M. and 4 P.M., and shall decide on the validity of every objection made in writing to a nomination paper (M.C.A. sch. III. part II. r. 9 ; L.G.A. s. 75, subs. 4, 7). The sufficient time cannot be less than the whole of the interval between 2 and 4 P.M., inasmuch as objections may be adduced from the first until the last moment of that interval. The place at which the returning officer or his deputy attends to hear and decide objections to nomination papers may be any room in a school receiving a grant out of moneys provided by parliament, or any room the expense of maintaining which is payable out of any The Nomination. 103 local rate (B.A. s. 6 ; L.G.A. s. 75, sub. 16,^-) ; or, in a Chap. XI. borough, the town hall (L.G.A. s. 75, sub. 7). But, except in a borough, such place shall, if the electoral division is the whole or part of an urban district, be in that district, and in any other case shall be in the electoral division, or in an adjoining electoral division (L.G.A. s. 75, sub. 7). No election can be held in any church, chapel, or other place of public worship (M.C.A. s. 6(^) ; but a school-room in which meetings for public worship are occasionally held does not appear to fall within this prohibition, and there is no enactment rendering an election void for a disregard of this pro- hibition. The returning officer or his deputy " shall decide on Jurisdiction of ^ . . , . .,. . the returning the validity of every objection made m writmg to a gj^cer. nomination paper" (M.C.A. sch. IIL part IL r. 9) ; but, notwithstanding the largeness of these words, he is not empowered to deal with every kind of objection that may be raised to a nomination {per Lords Watson and Herschell in Pritchard v. Mayor, etc., of Bangor, 13 App. Cas. at pp. 251, 257). He is to dispose of formal ob- jections arising on the face of the nomination paper, but not of an objection which attacks the qualification of the candidate {ib.). He can entertain an objection that the nomination paper has been delivered by an agent, instead of by the candidate or his proposer or seconder, and therefore not by the proper hands {Moftks v. Jackson, I C.P.D.683); and that an erroneous number on the register has been given in the nomination paper {Gothardw. Clark, 5 C. P. D. 253) ; but he has no power to deal with an objection as to the time of the delivery of the nomination paper {Howes v. Turner, ib. 670) ; nor, semble, as to which nomination is good where the same assenter has subscribed more nominations than there are vacancies to be filled {Bnrgoyne v. Collins, 8 O. B. D. 450)- It is also to be observed that the returning officer is not empowered, as is a returning officer at a parliamentary election, himself to take any objection to a nomination paper {cf. B.A. r. 6). If no objection is made in writing by a person entitled to object, viz., an opposing candi- 104 Tlic Nomination. Chap. XI. 1 rivoloiH objections. Reception of evidence, amendment and ailjourn- n;ent. date or his repfcscntative (M.C.A. sch. III. part II. r. 13), the nomination becomes a valid nomination {per Lord Watson in Pritchard v. Mayor, etc., of Bangor, 13 App. Cas. 252). If an objection is raised, which the returning officer has no jurisdiction to decide, he should decline to entertain it, or thus to affect to exercise a jurisdiction which he does not possess. With respect to matters clearly within the jurisdiction of the returning officer, it should be remembered that the making and allowance of frivolous objections may lead to the expense of an election petition, and to all the turmoil and expense of another election (as in Mayo, 2 O'M. & H. 191) ; also, that the returning officer is often disposed (as in Monks v. Jackson, i C. P. D. 683) to allow rather than disallow an objection, inasmuch as the former decision is subject to review by a court of law, whereas the latter decision, if made with jurisdiction, is final and without appeal (see M.C.A. sch. III. part II. r. 14). On the other hand, as the allowance of an objection precludes the candidate from going to the poll, a returning officer is sometimes advised to disallow the objection, and thus to leave the electors to express their choice between the candidates ; in which case, if the candidate whose nomina- tion paper has been objected to is placed at the bottom of the poll, the further prosecution of the objection becomes immaterial. The proper course is for the returning officer, without regard to consequences, to decide all objections that he has jurisdiction to decide. The returning officer or his deputy is not bound to receive evidence or to enter upon a long or complicated inquiry {Gothard v. Clarke, 5 C. P. D. 260, 264 ; Moor- honsc V. Linney, 15 O. B. D. 279) ; though he is probably entitled, if he please, to hear any evidence then tendered, provided he does not delay the proceedings. The question of whether he can allow a mere clerical error, appearing ex facie, to be corrected, has been raised, but not decided {Gothard v. Clarke, 5 C. P. D. 261). It is very doubtful whether he can adjourn the proceedings to seek advice or to take time to consider his decision {Pritchard v. Mayor, etc., of Bangor, 13 App. Cas. 250). The Nomination. 105 The decision of the returning officer or his deputy on Chap. XI. any question which he has jurisdiction to determine shall Decisiun of be given in writing, and shall, if disallowing an objection, the returning be final ; but, if allowing an objection, shall be subject to ° ^^'^' reversal on petition questioning the election or return (M.C.A. sch. III. part II. r. 14). The decision is usually indorsed on the back of the objection. It is the duty of the returning officer and of his deputy to inquire whether nominations, which might appl}' to one or to different persons, are of the same or different persons, in order that he may know how properly to set them out in the ballot papers {Northcote v. Pnlsford, L.R. 10 C.P. 484). Where the number of valid nominations exceeds that With- of the vacancies, any candidate may withdraw from his candidate. candidature by notice signed by him and delivered at the town clerk's office in a borough, and elsewhere at the place fixed by the returning officer, not later than 2 P.M. of the day next after the last day for delivery of nomi- nation papers : provided that such notices shall take effect in the order in which they are delivered, and that no such notice shall have effect so as to reduce the number of candidates ultimately standing nominated below the number of vacancies (M.C.A. sch. III. pt. II. r. 17 ; L.G.A. s. 75, sub. 7). The notice cannot be verbal, as it has to be signed ; it may be in print, or partly in print and partly in writing (see L.G.A. s. 99) ; for a form, see No. 12, post, p. 244. It need not be addressed to any one. It must be delivered (not sent) by the time above specified, or it is too late ; but it cannot take effect until 4 P.M., as and until that hour it cannot be known what is the number of candidates validly nominated ; and is then subject to the priority of any previously delivered notice. If the number of valid nominations exceeds that of Numuer of the vacancies, the councillors shall be elected from among ^iqj^s/ " the persons nominated (M.C.A. s. 56, sub. i). • T r ^ 1 1 r 1 • 1 • ^ • • ^ 1 In excess of It the number ot valid nommations is the same as vacancies. that of the vacancies, the persons nominated shall be 1-qual in deemed to be elected (M.C.A. s. 56, sub. 2). The word vacancies. lo6 The Nomination. Chap. XI. " valid " here refers to nominations which are held, or are deemed to be, valid on the proceedings before the returning officer or his deputy ; and therefore, if the nomination of a person who is legally disqualified is regular in form, and fulfils all requisite conditions, it is a good nomination notwithstanding that the person is disqualified and notwithstanding that his election is open to question by means of an election petition {per Lord Herschell in Pritchard v. Mayor, etc., of Bangor, 13 App. Cas. 257). Lesiinnmnber If the number of valid nominations is less than that than vacan- ^^ ^j^g vacancies, the persons nominated shall be deemed C16Sa to be elected, and such of the retiring councillors for the electoral division as were highest on the poll at their election, or, if the poll was equal, or there was no poll, as are selected for that purpose by the returning officer or his deput}-, shall be deemed to be re-elected to make up the required number (M.C.A. s. 56, sub. 3 ; L.G.A. s. 75, subs. 3, 4). No valid If there is no valid nomination, the retiring councillors nomination, shall be deemed to be re-elected (M.C.A. s. 56, sub. 4 ; and see R. v. Mayor of Welchpool, 35 L. T. 595). Forged, If any person forges, or fraudently defaces or destroys Tiox^°^"^^' any nomination paper, or delivers to the returning officer or his deputy, or to the town clerk, any forged nomina- tion paper, knowing it to be forged, he shall be guilty of a misdemeanour, and shall be liable to imprisonment for any term not exceeding six months, with or without hard labour (M.C.A. s. 74, sub. i ; L.G.A. s. 75, subs. 4, 6). An attempt to commit any such offence shall be punish- able as the offence is punishable (M.C.A. s. 74, sub. 2). De.\th of There is no provision for the case of the death c.vs DiDAT E. Q^ ^j^g candidate at or after nomination and before election. After election, although there is no express provision to that effect, the death of a councillor creates a casual vacancy in respect whereof notice can be given and a fresh election held under M.C.A. s. 66 (and see further, /^j/, p. 196) ; as the office is then no longer full, the council is incomplete, and the councillor no longer exists. TJie Nomination. 107 Where the electoral division is co-extensive with or Chap. XL wholly comprised in a borough, the town clerk, and, in pujjucA- other electoral divisions, the returning officer or his tion of deputy, shall, before the day of election, cause the sur- nIt^iSns?^"' names and other names of all persons validly nominated, with their respective abodes and descriptions, and the names of the persons subscribing their nomination papers as proposers and seconders, to be printed and fixed in some conspicuous place on or near to the outer door of the town hall in a borough, and elsewhere on or near to the outer door of the place fixed by the returning officer, and also, in either case, in some conspicuous place in the electoral division (M.C.A. sch. III. part II. r. 15 ; s. 232 ; L.G.A. s. 75, subs. 5, 6, 7). The bills, placards, or posters by which this publication is made must bear upon the faces thereof the name and address of the printer and publisher thereof (M.E.C.I.P.A. s. 14) ; for a form, see No. 1 1, post, p. 243. The period between the day on which this publication is made and the election, may be such period, not exceeding six days, as the returning officer may fix (L.G.A. s. 75, sub. 9 ; s. 100). The L.G.A. does not say whether this " period " is a period of days, or of hours ; but, as it must not exceed " six days',' it evidently means a period of days. As the period is an inter- vening period, neither the day of publication nor the day of election can be reckoned, and thus one clear day is the minimum period that may intervene between the two above-mentioned events, and the last day on which this publication may be made is two days before the day of election instead of " at least four days " as in the case of a municipal election. The maximum period that may inter\-ene is " not exceeding six days," and the earliest day on which this publication can be made is therefore the evening of the day on which the returning officer attends to hear and decide objections to nomina- tion papers, which is six days at least before the day of election, and which again gives an intervening period of " not exceeding six days." If an election of councillors is not contested, the List of persons returning officer or his deputy shall publish a list of the ^^'^ io8 TJie Nomination. Chap. XI. Return to clerk of the county council. Ik^s P- 2_4i Election for more than one division. persons elected not later than ii A.M. on the day of election (M.C.A. s. 57 ; L.G.A. s. 75, sub. 4). This publication should be effected in the same manner as the notice of election (as to which see ante, p. 91). For a form, see No. '^, post, p. 241. The returning officer shall forthwith after the election, return the names of the persons elected to the clerk of the county council (L.G.A. s. 75, sub. 8) ; and after the first election shall send such names to the clerk of the peace who will by virtue of the Act become the clerk of the county council (//;. s. 103, sub. 5) that is, the clerk of the peace of the county {ib. s. 83, sub. i, and see s. 118, sub. i). This return should be in the handwriting of, or si"-ned by, the returning officer (see Londonderry, P. & K. 272 ; Limerick, ib. 373) ; for a form, see No. 16, post, p. 245. Where a borough returning officer acts in pursuance of a writ directed to him from the county returning officer, the former returns the names of the persons elected to the county returning officer (L.G.A. s. 75, sub. 6), and the latter returns the names to the clerk of the county council. If at the first election a person is elected a county councillor for more than one electoral division of a county, his choice as to the division for which he will serve shall be made by writing addressed to the return- ing officer, and if not so made, the returning officer shall, on or before the day for the first meeting of the provisional council, determine the division for which such person shall sit (L.G.A. s. 107, sub. i). The writing must, of course, be sent or delivered to the returning officer, but need not be witnessed. No time is limited within which the person elected is thus to make his choice, nor within which, on such person's default, the returning officer is to determine the question for him, except that in either case it must be "on or before the day for the first meeting of the provisional council," i.e. the second Thursday next after the day fixed for the first election (L.G.A. s. 105, sub. 2). The person elected should therefore make his choice within a reasonable time after his election and before such first meeting, and on his default the returning The Nomination. 109 officer can determine the question as above mentioned. Chap. XI. If the returning officer does so determine it, he should immediately give notice of such his determination to the person elected, and to the clerk of the county council. In subsequent elections, if a person is elected in more than one electoral division, he shall, within three days after notice thereof, choose, by writing signed by him and delivered to the clerk of the county council, or in his default the returning officer shall, within three days after the time for choice has expired, declare for which of those divisions he shall serve, and the choice or declaration shall be conclusive (AI.C.A. s. 6% ; L.G.A, s. 75, sub. 5). The three days are calculated exclusively of Sundays, etc. (M.C.A. s. 230, sub. 3; and s&e. post, p. no). The returning officer's declaration should be in writing, and should be communicated to the person elected, and to the clerk of the county council. After the first election of county councillors the re- Summons to turning officer shall send to each person elected notice ^leUng of of his election, accompanied by a summons to attend provisional the first meeting of the provisional council at such time and place as the returning officer may fix (L.G.A. s, 103, sub. 5) ; for a form of this notice and summons, see No. i'/,J)ost, p. 246. "Time" here means hour; the day of the first meeting of the provisional council is the second Thursday next after the day fixed for the first election {ib. s. 105, sub. 2). As to the place of meeting, the provisional council of a county are entitled to use the buildings belonging to the quarter sessions of that county, so that they do not interfere with the holding of any court {ib. s. 106, sub. 3), and a hall or room in some one of such buildings seems, therefore, to be an appropriate place at which to hold the first meeting of such provisional council. The times of the various proceedings discussed in Comtuta- this and the preceding chapter are governed by the t^ie. provisions of INI.C.A. s, 230, incorporated in the L.G.A. by L.G.A. s. 75, and their accurate computation is frequently a matter of very considerable difficulty. Where an act or proceeding is directed or allowed to Sundays. no The Nomination. rn.i..xi. DC done or taken on a certain day, then if that day happens to be a Sunday, Christmas Day, Good Friday, Monday or Tuesday in Easter week, or any day ap- pointed for pubHc fast, humiliation, or thanksgivmg, the act or proceeding may be done or taken the next day afterwards (M.C.A. s. 230, sub. 2). Thus, the ordmary day of election of councillors, after the first election, will be the 1st of November (M.C.A. s. 52), and the day for adjudicating on nominations is also a fixed day, viz the day after the last day for delivery of nomination papers {ib. sch. III. part II. r. 9), and if either of these days fall on a Sunday, etc., the election or adjudication is allowed to be held on the following day. But, in either of such cases, the better opinion seems to be that the Monday is substituted for the Sunday only for the purposes of the election or adjudication itself, and not for the purposes of other matters dependent on, or ante- cedent to, the date of the day of election or adjudication. Thus, the dependent dates are in such cases to be cal- culated from the Sunday, and not from the substituted IMonday. (See the opinion. No. 2, of Sir R. E. Webster, O.C.,A.G., and Mr. R. S. Wright, /^i-^ p. 249.) Last day Again, where the day of election falls on a Monday, falling on a ^^^ |^g|. ^.^^ ^qj. delivery of nomination papers, which must be delivered " seven days at least before the day of election," \s prima facie the Sunday week previous to the day of election. In that case, it would seem that the delivery of the nomination papers is an act " allowed to be done " on a certain day {i.e. the Sunday), and which therefore may be well done the following day, and that consequently the last day for their delivery is the fol- lowing Monday ; but that, as this act, the delivery of nomination papers, is not to be done on a single day fixed by the Act (as is the case with the day of election), the dependent dates are to be calculated, not from the Sunday, but from the substituted Monday, as being " the last day for delivery of nomination papers." (See the opinion. No. 3, of Mr. R. S. Wx\gh.t, post, p. 249.) Time not Lastly, thc M.C.A. s. 230, sub. 3, enacts that where exceeding j^,^y ^^^ qj. proceeding is directed or allowed to be seven days. ■' i o Tlie Nomination. ill done zvitJiiii any time not exceeding seven days, Chap. XL Sundays, etc., are not to be reckoned in the computa- tion of such time. But this provision does not affect most of the acts discussed in this or the preceding chapter, as such acts are not to be done witJiin, but more than, a specified number of days. Thus, the notice of election has to be given nine days at least before the day of election, and these nine days are not the days zvithin which the notice may be given, but are the days within which it may not be given, and which must elapse after it is given. (See the opinion No. i of Mr. R. S. Wright, post, p. 248.) The last day on which the notice of election can be Time tables. given for the first election of county councillors is, in all cases, Monday, the 31st of December, 1888, and the earliest day on which the election can be held, is Monday, the 14th of January, 1889 (L.G.A. s. 103, sub. i), and wherever the latter day is fixed by the returning officer, the following is, upon the views above expressed, the time table of the other dependent dates. 1889. Jan. 6, Sun. „ 7,Mon.,4.59r.M. Last day and hour for delivery of nomination papers (see ante, p. 100).* „ „ 4.59 r.M. Last day and hour for delivery of appointment of candidate's representative (see rt;//^, p. 102). „ „ Notice of nomination to be sent to each candidate (see ante, p. loi). 8,Tues., 2.0 P.M. Last day and hour for delivery of notice of candidate's with- drawal (see ante, p. 105). „ „ 2 to 4 P.M. Adjudication on objections to nominations (see ante, p. 102). „ 9, Wed. Notice of situation, etc., of polling places {see post, p. 115). * " Seven days at least before the day of election " makes Sunday the 6th, pritiid facie the last day for delivery of nomination papers, and Monday the 7th is therefore substituted. 112 TJie Nomination. Chap. XT. Jan. 10, Thurs. „ II, Fri. 1 -. Sat Publication of valid nominations (see ante, p. 107). „ 13. Sun. „ 14, Mon. Day of election. Supposing, however, that the day of election be fixed for Friday, the i8th of January, 1889, the following is, upon the views above expressed, the time table of the other dependent dates. 1S89. Jan. lO,Thur., 4.59 P.^r. Last day and hour for delivery of nomination papers. „ „ 4.59P.M. Last day and hour for delivery of appointment of candidate's representative. „ „ Notice of nomination to be sent to each candidate. „ 1 1, Fri., 2.0 P.M. Last day and hour for delivery of notice of candidate's with- drawal. „ „ 2 to 4P.M. Adjudication on objections to nominations. „ 12, Sat. „ 13, Sun. „ 14, Mon. Notice of situation, etc., of polling places.* „ 1 5, Tucs. „ 16, Wed. Publication of valid nominations. „ 17, Thurs. „ 18, Fri. Day of election. Again, supposing that the day of election fell upon Sunday, the 20th of January, 1889, the election would be held on the next day (Monday), and the following would, upon the views above expressed, be the time table of the other dependent dates. * " At least four days before the day of election " makes Sunday the \T,\h, primd facie the last day for this pubhcation, and Monday the 14th is therefore substituted. TJie Nomination. 1 1 3 1889. Chap. XL Jan. 12, Sat. 4.59 P.M. Last day and hour for delivery of nomination papers. „ „ 4,59 P.M. Last day and hour for delivery of appointment of candidate's representative. „ „ Notice of nomination to be sent to each candidate. „ 13, Sun. „ 14, Mon. 2.0 P.M. Last day and hour for delivery of notice of candidate's with- drawal. „ „ 2to4P.M. Adjudication on objections to nominations. „ 1 5, Tues. Notice of situation, etc., of polling places. „ 16, Wed. „ 17, Thurs. „ 18, Fri. Publication of valid nominations. „ 19, Sat. „ 20, Sun. Day of election. „ 21, Mon. Day of holding election. These tables afford instances of the different problems that arc likely to arise in fixing the dates of the different proceedings in the election of county councillors, under the L.G.A., and for further examples see the Time Tables for the First Election, Chap. Y^NW. post, p. 166. ( 114 ) CiiAr. XII. CHAPTER XII. POLLING DISTRICTS, POLLING PLACES, AND POLLING STATIONS. Definitions . . • -114 Polling districts In counties In boroughs Polling places . Notice of situation, &>c., of polling places, (St'c. . • >» l/se of school and public room 1 1 6 Requisites for taking the poll 1 1 6 Polling stations . . 117 Compartments for marking the votes. . . • i> Directions for the guidance of voters . . . .5, Ballot box, stainping instru- ment, ballot papers , ds^c. . 118 In boroughs. The M.C.A. and M.E.C.I.P.A. are applied to local government . elections by L.G.A. s. 75; the B.A. is applied to the M.C.A. by M.C.A. s. 58. A polling district is a portion of an electoral division ; a polling place is the town, village, or place in a polling district at which the poll is taken ; a polling station is the booth, room or building in a polling place at which the votes are given. At the first election of county councillors, the returning officer may, if it appears to him necessary, divide an electoral division into polling districts, so however that every polling district shall be an area or combination of areas for which separate parts of the register of electors are made out (L.G.A. s. 103, sub. 3) As to making up the register in separate parts, see C.E.A. s. 4, sub. 2 (e) ; s. 7, sub. i ; 48 Vict. c. 15, s. 6, sub. 2. It will be observed that the returning officer is the sole judge of the necessity, if any, of making these divisions. Although in a borough the returning officer of the municipal borough election acts as returning officer at Pollinz Places. 115 the election of county councillors (see ante, p. 56). this Chap. XII. power of dividing into polling districts any electoral di- vision which is co-extensive with, or wholly comprised in, such borough, appears to remain in the county returning- officer and not to be transferred to the returning officer of the borough. The powers of the latter seem to be limited to acting as the returning officer "-at the election," "in pursuance of a writ directed to him from the county returning officer" (see L.G.A. s. 75, sub. 6), and this division into polling districts precedes the holding of the election. Even if this view be erroneous, the borou Difference betiveen the two sections and offetices . . 220 Voters may be conveyed in bor- roived carriages, &c. . Exemption from licence ditty. An elector may pay for his own conveyance to the poll So may several electors at their joint cost 120 121 122 Illegal hiring to let, borrow, &c., carriages, &c. The M. E.C.I. P.A. is applied to local government elections by L.G.A. s. 75. It is an illegal hiring to : — ■ 1. Let or hire, 2. Lend or borroiu, 3. Employ or ttse, for the purpose of the conveyance of electors to or from the poll, any public stage or hackney carriage, or any horse or other animal kept or used for drawing the same, or any carriage, horse, or other animal which a person keeps or uses for the purpose of letting out for hire (M. E.C.I. P.A. s. 10, subs. I, 2). The offence of illegal hiring becomes an illegal practice when committed by the candidate or with his knowledge or consent {ib. s. 17, sub. 2), and when so committed the election may be avoided {ib. s. 8, sub. 2). But a person who hires, borrows, or uses, for the purpose of the conveyance of electors to or from the poll, a pro- hibited carriage, horse, or other animal, is not guilty of an illegal hiring, unless he knows that its owner is pro- hibited by the statute from letting, lending, or employing the same for that purpose {ib. s. 10, sub. 2), It is also an illegal practice to pay or contract to pay, Illegal prac- and knowingly to receive payment, or be party to any con- ^^'c^'for voter's tract for payment, for the conveyance of electors to or conveyance. I20 Conveyance of Voters to the Poll. Chap. XIII. Difference between the two sectioi s and offences. Voters may be conveyed in ])orrowed carnages, etc. from the poll, whether for the hiring of horses or carriages, or for railway fares, or otherwise (M.E.C.I.P.A. s. 4, sub. \,a\ sub. 2) ; and if the offender be an agent of the candidate the election may be avoided (ib. s. 8, sub. 2). It is thus an illegal practice to pay, or receive payment, or to contract for payment, for the conveyance of voters to or from the poll, whether by horses or carriages, railway fares or passes, ferry or other boats, steamers, sailing ships, "or otherwise." "Payment" includes pecuniary reward, valuable security, or consideration (C.I.P.P.A. s. 64 ; M.E.C.I.P.A. s. 34), and thus includes refreshment {Barrozv-m-Furness, 4 O'M. & H. 7?>). The material difference between the two sections of the M.E.C.I.P.A. (s. 10, subs. 1,2, and s. 4, sub. i,^)— the offence of illegal letting or hiring under the latter being an illegal practice by whomsoever committed, while under the former it is an illegal payment merely, unless the offender be the candidate or his agent,— naturally invites all parties concerned to endeavour to bring any particular case of letting or hiring within the section (s. 10,) which carries with it the lesser punishment and does not avoid the seat. The earlier section (s. 4) is more general in its terms than the later section (s. 10), and therefore, in accordance with the rule that where a gene- ral intention is expressed incompatible with a particular intention also expressed, the particular intention is to be considered in the nature of an exception {Chnrchill v. Crease, 5 Bing. 180; and see Pretty v. Solly, 26 Beav. 610), and with the further rule that an earlier gives way to a later passage (Maxwell, 46), any case that falls within s. 10 must, it is submitted, be considered as excepted from s. 4. It may possibly be held that the penalties under the two sections are cumulative, but the better construction seems to be that the later section of the Act (s. 10) qualifies the earlier, and takes the persons therein specifically dealt with out of the general words of the earlier section (s. 4). There is nothing to prevent the conveyance of voters to or from the poll in carriages, steam vessels, ships, barges or boats, or on horses or other animals, lent Conveyance of Voters to the Poll. 121 gratuitously for the purpose, provided that the same be Cir\r. XIII. not kept or used for the purpose of letting out on hire (M.E.C.I.P.A., s. 10, subs. I, 2, ante, p. 119). Nor is the employment of the driver, captain, or person in charge of the borrowed carriage, vessel, etc., an employment contrary to the Act, if their payment or remuneration is made by their respective owners, and not by the candidate or his agent. The lending must be perfectly bond fide, and not upon any understanding, express or implied, that the lender is to receive any reward, valuable security, or payment. No payment must be made by or on behalf of the can- didate to the coachman, or driver, nor must any person be hired or paid to drive a borrowed vehicle. The object for which a horse, carriage, etc., is kept in non-election times seems to govern its loan and use in election times ; and the prohibition appears to be directed against the employment of vehicles, etc., ordinarily hired for the conveyance of passengers, rather than of goods or merchandise. A livery-stable keeper cannot lend a single carriage or horse, nor can he use his o^\•n carriage or horse to convey his own friends to or from the poll. A carriage or horse which a person keeps and generalh' uses for his own trade or pleasure, but which he some- times lets out for hire, may probably be lent and used, and so also a carriage or horse hired on job and not for the occasion. Farmers, tradesmen, and others may safely lend or use the carts, traps, waggons, horses. etc., which they keep for the purposes of their trade, even though they may, on the poll da>-, hire other vehicles to replace these so lent or used ; but any cart, trap, horse, etc., which is kept for the express purpose of being let out for hire, although the owner occasionally uses it for his own purposes, is clearly prohibited. A spring van or cart intended and used for the conveyance of goods or removal of furniture, and only occasionally used for the conveyance of pleasure parties, may perhaps also be lent or used. Persons are not liable to licence duty under 32 & ZZ Exemprion ,-r. ^ ^ -CT- 1 1 r i-1 „;„ from licence Vict. c. 14, or 35 & 36 Vict. c. 20, by reason only of their ^^^^^^ 122 Conveyance of Voters to the Poll. Chap. XIII. An elector may pay for his own conveyance to the poll. So may several electors at their joint cost. carriage being used, without payment or promise of pay- ment, for the conveyance of voters to or from the poll (M.E.C.I.P.A. s. lo, sub. 4). The M.E.C.I.P.A. expressly permits a carriage, horse, or other animal being let to, or hired, employed, or used by an elector, or several electors at their joint cost, for the purpose of being conveyed to or from the poll (M.E.C.I.P.A. s. TO, sub, 3). An elector may therefore pay for his own conveyance in a public stage or hackney carriage (a coach, omnibus, or cab), or on horseback, or by railway, to or from the poll, and so may several electors at their several or joint cost, — though it does not appear that he or they are expressly authorised to hire a boat or any sea or river-going craft for the same purpose. There is no definition of the term "joint cost," and if two electors hire and proceed to or from the poll in a hackney carriage, and one of them only pays the whole fare, it would seem that the two electors, and also the owner of the carriage, if he knew of the purpose for which it was hired, are each and all guilty of an illegal hiring. If each contribute something, but one pay the substantial part of the whole fare, they are probably each similarly guilty. But if one elector bond fide hire a hackney carriage to convey himself to or from the poll, and on his way pick up another elector and give him a seat in the carriage, without requiring him to pay his share of the cost, it seems doubtful whether either the elector or the owner of the carriage be guilty of an illegal hiring, as the carriage was originally lawfully hired, and the case does not fall within the words of the prohibition, A form of " Voter's Polling Card " is given in Election Agent, No. 41, p. 508. As to the use of such a card, and as to how far it may recommend a voter to vote in a particular manner, see Stepney, 40 M, & H, 55. 12 CHAPTER XIV. THE POLL. Chap. XIV. Day and hours of poll Opening the poll Bringing up voters Persons prohibited from voting Persons entitled to vote. Conclusiveness of register Voting at luroiig polling station .... Delivery of ballot paper . Secret marking by voter Folding up the ballot paper . Showing the official mark Voter shall qiiit the station after voting Ballot paper -njithout official mark .... Votitig tiiiice Voting in two divisions Spoilt ballot paper . Mistaken mark by voter Blind, Jezvish, and illiterate voters .... 123 Statutory questions. 12S J» Jl/eatiing of the questions 129 124 Ho'.u put . )> s> When to be ptit , ) J )> Satisfactory ansxaers )» False anszuers J, )» Unsatisfactory anszuers »> >> Refuscil to answer 130 No other ittquiry permissible 125 N'o oath )> Tendered votes after personation 131 Persons e7ititled to admission t ) " the station 132 125 Keeping order at station Ejectio7i of offenders . 55 55 Mainte7iance of secrecy . 133 11 Arrest of personators . " Close of the poll . 134 127 Clearing the station Sealing up the ballot box 55 55 >) Making up the packets . Delivery to returning officer 135 " Travelling expenses . 136 The M.C.A. and M.E.C.I.P.A. are applied to local government elections by L.G.A. s. 75 ; the B.A. is ap- plied to the M.C.A. by M.C.A. s. 58 ; and 6 Vict. c. 18 by M.C.A. s. 86. The poll is conducted in precisely the same way as at Day and a parliamentary election. The poll is taken on the day hours of poll, of election. It commences at 8 A.M. and is kept open until 8 P.M. and no longer (48 Vict. c. 10, s. i ; L.G.A. s. 75, sub. 11), Greenwich mean time (43 & 44 Vict, c. 9. s. i). Just before the opening of the poll, the presiding Opening the officer shows the ballot box cmjDty to the persons P°^^* 124 The Poll. Chap. XIV. Bringing up voters. Persons prohibited from votinsT. Persons entitled to vote. Conclusive- ness of register. Voting at wrong polling station. Delivery of ballot paper. present in the station, locks it, seals it, and places it in his view for the receipt of ballot papers (B.A. r. 23). Great care must be taken not to bring up any voter who is prohibited by law or statute from voting. Any person who is prohibited by law from voting is not entitled to demand a ballot paper, or to vote (M.C.A. s. 51, subs. I, 3) ; and any person who brings up any person, knowing that such person is prohibited by statute from voting, and who thereby induces or pro- cures such person to vote, is guilty of an illegal practice (M. E.C.I. P.A. s. 6, sub. i). The person who votes know- ing that he is so prohibited, is similarly guilty {ib)) ; and if in thus voting, he applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person, he is also guilty of personation (B.A. s. 24). As to who are jjrohibited from voting, see Chap. III. ante, p. 10. Any person, who is not prohibited by law, is entitled to demand and receive a voting paper, and to vote, if he is enrolled in the burgess roll for the electoral division, or registered in the register of county electors for the electoral division (as the case may be), and not otherwise (M.C.A. s. 51, sub. i). The existence of the name upon the burgess roll or register is conclusive on the pre- siding officer, and he is not entitled to inquire into the person's qualification, or to refuse to deliver a ballot paper, even though the person demanding it be dis- Cjualified or prohibited from voting, and therefore liable to have his vote disallowed on a scrutiny. No person shall be admitted to vote at any polling station except the one allotted to him (B.A. r, 18) ; and if he votes at a wrong station his vote is liable to be struck off on a scrutiny {Oldham, i O'M. & H. 165). The presiding officer should in such a case refuse the vote, and direct the voter to go to the proper station {ib.). The presiding officer must satisfy himself that every elector demanding a ballot paper is on the burgess roll or register (M.C.A. s. 51, sub. i), and that he is entitled to vote at the station over which he presides (B.A. r. 18). The Poll. 125 This being ascertained, the presiding officer, or poll Chap. XIV. clerk, shall call out the name, number and description of the voter as stated in the register, shall mark the voter's number on the counterfoil ballot paper, shall place a mark in the register against the number of the voter to denote that he has received a ballot paper, but with- out showing the particular ballot paper which he has received, and shall mark the ballot paper on both sides with the official mark, and then deliver it to the voter (B.A. s. 2 and r. 24). The candidates and their polling agents have no right to know, and ought not to be allowed to see or learn, the number of a ballot paper delivered to a voter {TJionwnry, 2 T. L. R. 486). If the presiding officer, or poll clerk, fail to mark the back of the ballot paper with the official mark, thus rendering the vote void, he (and perhaps also the re- turning officer) is liable in an action to the candidate who has thereby lost the election {Pickering v. James, L. R. 8 C. P. 489 ; ace. Thornbiiry, 16 Q. B. D. 752). Having received a ballot paper, the voter shall forth- Secret mark- with proceed into one of the compartments in the ^"S by voter, polling station and there secretly mark his ballot paper (B.A. s. 2 and r, 25) with the pencil provided in the com- partment, by placing a cross on the right-hand side of the ballot paper, opposite to the name of the candidate for whom he votes (B.A. sch. II., Directions to Voters). If the voter write or mark upon the ballot paper any- thing by which he can be identified (B.A. s. 2), or if he so mark his ballot paper as that it is void for uncertainty {ib. r. 36), or if he mark it with votes for more candidates than he is entitled to vote for, his ballot paper will be void and not counted {ib. s. 2). Having thus secretly marked his ballot paper, the Folding up voter shall fold it up so as to conceal his vote, but so as p'j^^.gr!'^"' to show the official mark on the back, and, leaving the compartment, shall, without showing the front of the Showing the paper to any person, show the official mark on the back ° ^^^ "^^"^ ' to the presiding officer, and then in the presence of the presiding officer, shall put his ballot paper, so folded up, into the ballot box ('B.A. s. 2 and r. 25). No person 126 The Poll. Chap. XIV. Voter shall quit the station after voting. Ballot pap er without official mark. Votins: twice. shall directly or indirectly induce any voter to display his ballot paper after he has marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his vote, and any person acting in contravention of this provision is liable to imprisonment for six months with hard labour (B.A. s. 4). The voter shall vote without undue delay, and shall quit the polling station as soon as he has put his paper into the ballot box (B.A. r. 25) ; if he does not so quit the polling station, he may, after being ordered to leave by the presiding officer, be removed by order of the presiding officer {ib. s. 9), but not of a poll clerk {ib. r. 50). The presiding officer, or his poll clerk, is bound to look at the ballot paper, to see that the official mark is on its back before the voter puts it into the ballot box {Pickering V. James, L. R. 8 C. P. 489 ; Thornbiay, 16 O. B. D. 752). If the presiding ofificer, or poll clerk, then sees that inadvertently a ballot paper has been delivered out without the official mark, he can at once rectify the inadvertence by informing the voter of the omission, cancelling the unstamped paper (being first satisfied that it is, in fact, the genuine paper delivered out to the voter), and delivering out to him another paper duly stamped, upon which the voter may effectually record his vote {Thornbiiry, 16 Q. B. D. 752), What course the presiding officer should take if the voter insists on putting into the box a ballot paper which the presiding officer thinks is void for want of the official mark, is an unsettled question ; it may be that, though irregular, the presiding officer is bound to admit it, leaving it to the returning officer on the counting of the votes to decide whether it ought to be rejected (/^.) ; and it may be that the presiding officer should prevent it from being put into the ballot box (see 5. C, 2 T. L. R. 488). Until the point is judicially determined, the former seems to be the more prudent course for the presiding officer to take The second vote of a person who votes twice at the same election is bad, and will be struck off" on a scrutiny (see Stirlingshire, F. & F. 541), and so also if he be entered The Poll. 127 twice in the register under different names (see OldJiani^ Chap, xiv, I O'M. & H. 156; and see the second question which may be put to a vo\.q.x, post, p. 128). It would seem that although a county elector may be Voting in two registered in more than one division register (C.E.A., ^'^''^'^i^s. s. 7, sub. 4,'and cf. M.C.A. s. 45, sub. 6), he cannot vote in more than one division (M.C.A. s. 51, sub. 2). If this be law, and if nevertheless he does vote in more than one division, his second vote is bad in any case, but his first vote is good, unless given under such circumstances as to make him guilty of personation {R. v. Harrald, L. R. 8 O. B. 418 ; R.v. Tiigiuell, L. R. 3 O. B. 704 ; Stepney, 4 O'M. & H. 43 ; St. Andrezus, ib. 32). A voter w^ho has inadvertently dealt with his ballot Spoilt ballot paper in such manner that it cannot be conveniently P^P^'- used as a ballot paper, may, on delivering that ballot paper to, and proving the fact of the inadvertence to the satisfaction of, the presiding officer, obtain another ballot pajDer, and the spoilt ballot paper shall be immediately cancelled (B.A. r. 28), but must not be destroyed, as it has to be made into a packet with the unused and other spoilt ballot papers, and delivered to the returning officer (B.A. r. 29, sub. 2 ; and see post, p. 134). If the voter inadvertently mark the ballot paper Mistaken wrongly, i.e. if intending to mark it for A. he mark it for ™^i^l^ ^y^oier- B., he may treat his ballot paper as a spoilt ballot paper, and apply to the presiding officer for another. This he must, of course, do before he has deposited the ballot paper in the ballot box, for until then, but not after- wards, he is entitled to correct his mistake {Stirlingshire, F. & F. 542 ; and compare Ta7inton, ib. 299 ; MonviontJi, K. & O. 413). In such circumstances he is not to be directed to vote upon a tendered ballot paper, as the case does not fall within the words or meaning of the rule relating to tendered ballot papers (B.A. r. 27 ; and see post, p. 131). If the voter : — Blind, Jewish, I. Is incapacitated from blindness, or other physical ^"*^ '^'"^^^'^^ r ■ • Mil, voters, cause, from votmg m manner prescribed by the Act ; or, Chap. XIV, 128 The Poll 2. Verbally declares (if the poll be taken on a Saturday) that he is of the Jewish persuasion, and objects on religious grounds to vote in manner prescribed by the Act ; or 3. Makes a declaration (form B.A. sch. II. Election Agent, p. 482), that he is unable to read ; the presiding officer shall, on the application of the voter, and in the presence of the agents of the candidates (B.A. r. 26), or such of them as are in attendance {ib. r. 55), but apparently excluding the constables, and cer- tainly all other voters, they not being under the declara- tion of secrecy, cause the voter's ballot paper to be marked as directed by him and placed in the ballot box {ib. r. 26). The declaration of inability to read must be read to the voter by the presiding officer (or his clerk, ib. r. 50), and must be signed by the voter, with his mark, in the presence of the presiding officer, who must sign the certificate at the foot of such declaration. The name and number of every voter whose vote is so marked, and the reason, shall be entered on " The list of votes marked by the presiding officer " {ib. r. 26). For a form of this list, see Election Agent, p. 513. A Jew who is unable to read may vote without making the above declaration of inability to read when the poll is taken on a Saturday, because on that day his ballot paper may be marked for him by the presiding officer ; but he must make such declaration when the poll is taken on any other day in the week. The presiding officer shall, if required by two burgesses, questions. ' or county electors (as the case may be), or by a candi- date or his agent, put to any person offering to vote, at the time of his presenting himself to vote, but not after- wards, the following questions, or either of them : {ci). Are you the person enrolled in the burgess roll \pr registered in the register of county electors] now in force for this electoral division as follows \i-ead the ivhole entry from the roll or register'] ? {U). Have you already voted at the present election in this or any other electoral division ? (M.C.A. s. 59, sub. i). Statutory The Poll. 129 The first of the above two questions is as to the Chap. XIV. identity of the person and not as to the identity of name. , , ~. — The inquiry is not whether the voter's name is A. B., but thrquestions whether he is the person whose name (whatever that may be) appears as A. B. He is not asked whether the name on the register is his real name, but whether he is the person whose name appears on the register. The person actually registered may therefore safely answer this question, although his name is incorrectly stated on the register {R. v. Thzuaites, i E. & B. 704 ; Sligo, W. & D. 227 ; Taunton, F. & F. 295 ; Oldham, i O'M. & H. 152, 153). A ballot paper must therefore not be refused on account of any mere misnomer or inaccurate description in the register {ib.). The above questions must be asked in the very words How put. of the Act {2nd Canterbury, K. & O. 326) ; they should be calmly and deliberately proposed, and the presiding officer should take care that the voter in makinsf his reply is protected from interruption or interference.'/ ' Theprcsidin-- (jfhccr may not ])ut the questi o ns of hi s Ij^Vhen to be _own moti on, or without the demand of two electors, orjl"^^* of a candidate, or of a candidate's polling agent (M.C.A.' s. 59, sub. i), or of a person acting as such agent {R. v. Spalding, Car. & Marsh, 568) ; and, if he should do so, the voter may decline to answer, and a refusal under such circumstances would not entitle the presiding officer to decline to give him a ballot paper, nor could the voter be convicted of the misdemeanour. If the above questions are satisfactorily answered by Satisfactory the voter, the presiding officer cannot refuse to allow the answers, voter to vote, and if he do refuse, he may render himself liable to a criminal prosecution for the breach of a public duty, even though he knew that the voter has answered falsely {Pryce v. BelcJier, 4 C. B. 866) ; he must leave it to the candidate's agents to take notice of the fraud, and to apply to strike off the vote on a scrutiny. A wilfully False answers, false answer is a misdemeanour (M.C.A. s. 59, sub. 3). If the questions are substantially, though not categori- Unsatisfactory cally, answered, the voter should, it seems, be allowed to ^"^^^'^""s. vote (see Monmouth, K. & O. 414; Neiu Sarum, P. & K. K 130 The Poll. Refusal to answer. No other inquiry permissible. Chap. XIV. 255 ; Taujiton, F. & F. 305) ; but if from his answers he makes it appear to the presiding officer that he is not the person registered in the register, or that he has already voted at the election in that or any other division, the presiding officer should refuse to allow him to vote (M.C.A. s. 59, subs, i, 2). A refusal to answer the questions at one period of the day, does not act as a disqualification at another ( Taunton, F. & F. 305), but until the voter has answered the questions his vote shall not be received (M.C.A. s. 59, sub. 2). No inquiry, other than the two above questions, shall be permitted at an election as to the right of any person to vote (M.C.A. s. 59, sub. 4). Nor are any other deahngs with, or inquiries of, the voter permissible. The voter must not be asked, for example, to spell his name, nor must he be refused a ballot paper if there be any variance between his spelling of his own name and that on the register {Canterbury, K. & O. 134). So, also, an inquiry as to whether the voter votes in respect of an old or a new qualification is illegal {Bedford, C. & R. Zj -. P. & K. 1 39) ; and a voter may not be asked if he has bribed, or anything of that kind, or anything to show that if he does vote, he will be liable to any prosecution {Woreestcr, 3 O'M. & H. 187). Ko oath. It is submitted that no oath or affirmation can in any case be administered to a voter at a local government election. It is said (Arnold, p. 284) that the legislature has prescribed that an oath shall be taken at municipal elections (and if so at local government elections,) in the particular case of an elector who applies for a ballot paper after another person has voted as such elector (B.A. r. 27), and in that case only. But there was no power to administer any oath under the M.C.A. of 1835 (5 & 6 Will. IV. c. 75), or prior to the B.A. of 1872, and s. 59 of the M.C.A. of 1882 is merely a re-enactment of s. 34 of the M.C.A. of 1835, which again is an application of so much of 6 Vict. c. 18, s. 81, relating to parliamentary elections, as the legislature deemed it well to apply to municipal elections. And B.A. r. 27, under which the The Poll. 131 power is said to arise, enacts that the voter shall take the Chap. XIV oath " permitted by law to be administered," which assumes that permission to administer an oath already exists under some prior statute. Such a permission is to be found ^\•ith reference to parliamentary elections in 6 Vict. c. 18, s. 81 ; but no such permission can be found in any of the statutes relating to municipal elections, and it is to be remembered that B.A. r. 27 was primarily enacted with reference to parliamentary elections. Upon these grounds it seems difficult to believe that the legislature has thus, by inference merely and not by direct enactment, enabled an official to administer an oath which, as is admitted, he could not administer prior to 1872, or thus to subject a person to the pains and penalties of perjury, and to administer an oath to the real voter, voting under B.A. r. 27, when the personator can only be subjected to the questions contained in INI.C.A. s. 59, and to the misdemeanour therein mentioned. If a person, representing himself to be a particular Tendered elector named on the register, applies for a ballot paper pergonaUon after another person has voted as such elector, the applicant shall, upon duly answering the two statutory questions, be entitled to mark a ballot paper in the same manner as any other voter, but such ballot paper shall be of a colour differing from the other ballot papers, and, instead of being put into the ballot box, shall be given to the presiding officer, and indorsed by him with the name of the voter and his number in the register of voters, and set aside in a separate packet, and shall not be counted by the returning officer ; and the voter's name and number on the register shall be entered on the tendered votes list (B. A. r. 27) ; for a form of this list see Election Agent, p. 512. The tender does not seem to be complete until the voter has answered the questions, and the onus appears to be on him to demand that they be put. The onus does not seem to be upon the presiding officer, and clearly it is not upon the polling agent of either candidate, as it is under 6 Vict. c. 18, s. 81. On a scrutiny, the vote of the person K 2 132 The Fell. Chap. XIV. personating will be struck off, and the vote of the person tendering, added (C'A///^?;;/ i O'M. & H. 152; St.Andrezus, 4 ib. 32). The omission of the presiding officer to indorse the voter's name, &c. will not invalidate the vote {Stepney, ib. 43)- Persons The only persons whom the presiding officer can entitled to admit to the polling station are the poll clerks, the admission to , ^ r ^ ^ -1 the station, candidate's polling agents (each of whom may be required by the presiding officer to exhibit his appointment or give other evidence thereof, and of his identity), the constables on duty, the candidates, provided they do not interfere with the polling or otherwise misconduct them- selves (B.A. s. 9 ; Clementson v. Mason, L. R. 10 C. P. 209), two electors (M.C.A. s. 59, sub. i), and such further number of electors as the presiding officer may determine to admit at anyone time (B.A. r. 21). He shall exclude all other persons {ib). Keeping order The presiding officer shall keep order at his station; at station. j^^ shall regulate the number of electors to be admitted at a time, and shall exclude all unauthorized persons Ejection of (B.A. r. 21, and supra). He may order any constable in offenders. ^^ xiQ:2.x his polling station, or any other person authorized in writing by the returning officer, immediately to remove any person who misconducts himself in the polling station, or who fails to obey the lawful orders of the presiding officer, and the person so removed, even if he be the candidate {Clementson v. Mason, L. R. 10 C. P. 209), shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station during the day (B.A. s. 9). But these powers shall not be exercised so as to prevent any elector, who is other- wise entitled to vote at any polling station, from having an opportunity of voting at such station {ib) ; and they must be exercised by the presiding officer himself and not by a poll clerk {ib. r. 50). If the person so removed is charged with the commission in the polling station of any offence, he may be kept in custody until he can be brought before a justice of the peace {ib. s. 9). In case of confusion, or the intrusion of too many persons, the presiding officer may order the polling station to be TJie Poll. 133 cleared and order to be restored before proceeding with Chap. XIV. the poll ( Worcester, 3 O'M. & H. 188). Every officer, clerk, and agent in attendance at a Maintenance polling station shall maintain, and aid in maintaining, ^f^^crecy. the secrecy of the voting in such station, and shall not communicate, except for some purpose authorized by law, before the poll is closed, to any person, any informa- tion as to the name or number on the register of voters of any elector who has or has not applied for a ballot paper, or voted at that station, or as to the official mark ; and no such officer, clerk, or agent, and no person who- soever shall interfere with, or attempt to interfere with, a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station under pain of imprisonment for six months with or without hard labour (B.A. s. 4). The presiding officer should insist on the candidate's polling agents remaining in the seats appointed for them, and should not allow them to hold any secret communi- cation with any other voter or person. If at the time any person tenders his vote {i.e. applies Arrest of for a ballot paper, B.A. s, 1 5), or after he has voted, and ^^"^^ before he leaves the polling station, any candidate's polling agent shall declare to the presiding officer that he verily believes, and undertakes to prove, that the said person so voting (or so applying for a ballot paper, B.A. s. 15) is not in fact the person in whose name he assumes to vote (or applies for a ballot paper, B.A. s. 15), or to the like effect, then the presiding officer (but not the poll clerk, B.A. r. 59) shall immediately after such person shall have voted (or applied for a ballot paper, B.A. s. 15), by word of mouth order any constable or other peace officer to take the said person so voting (or applying for a ballot paper, B.A. s. 15) into 134 The Pod. Chap. XIV. his custody ; but the presiding officer shall not be entitled to reject the vote of any person who shall answer in the affirmative the statutory questions ; and the presiding officer (or his poll clerk, B.A. r. 50) shall cause the words " protested against for personation," to be placed against the voter's name in the marked register (6 Vict. c. 18, s. 86; B.A. r. 38; M.C.A. s. 86). The offender is then taken before two justices, or, if one only can be found, before such one, by whom he may be admitted to bail (6 Vict. c. 18, s. Z'j). On hearing the charge, the justices, if satisfied on the evidence of two witnesses of the truth of the charge, may commit the offender to trial {ib. s. 88) ; or if not so satisfied, or if the polling agent making the charge does not appear, the justices may award compensation to be levied by distress on the goods of the polling agent or his candidate, or by action of debt {ib. s. 89). Close of the The poll closes at 8 P.M. (48 Vict. c. 10, s. i ; L.G.A. ^° ' s. 75, sub. 11), Greenwich mean time (43 & 44 Vict. c. 9, s. i) ; and after that hour no ballot paper must be given out, or vote received unless, it would seem, from voters who have obtained admission to the polling station and have applied for ballot papers before that hour ( Worcester, 3 O'M. & H. 189). Clearing the Upon the poll being closed, the presiding officer of each polling station should at once clear his station of all persons, except his poll clerks, the candidate's polling agents, and any constables w^iom he may think it desir- Sealing up the able to retain in the station. The ballot box shall be ballot box. sealed up so as to prevent the introduction of additional ballot papers (B.A. s. 2), and the presiding officer, as soon as practicable after the close of the poll, shall, in the presence of such agents of the candidates (as are in Making up attendance, ib. r. 55), make up into separate packets, the packets, sealed with his own seal and the seals of such agents of the candidate as desire to affix their seals {ib. r. 29) : — 1. The ballot box unopened, but with the key attached (B.A. r. 29), and with the opening sealed up (//;. s. 2). 2. The unused (ordinary and tendered) ballot papers, The Poll. 135 with their counterfoils, and the spoilt ballot CiiAr. XIV. papers, placed together (B.A. r. 29). If a ballot paper book be partly used, it must be cut, so that the counterfoils of all the ballot papers not used, with the ballot papers attached, may be put into this packet. 3. The tendered ballot papers used (B.A. r. 29). 4. {a) The marked copy of the register of voters ; and {b) the counterfoils of the ballot papers used (B.A. r. 29), both ordinary and tendered. These must be sealed up separately, and then enclosed in one packet {Stoive v. Joliffe, L.R. 9 C.P. 446). If a ballot paper book be partly used, it must be cut, so that the counterfoils of all ballot papers used may be put into this packet, but not the counterfoils of ballot papers not used, which latter must be put into packet No. 2. 5. {a) The tendered votes list; {h) the list of votes marked by the presiding officer ; {c) the state- ment of the number of the voters whose votes are so marked by him (for a form of this state- ment, see Election Agent, p. 533) ; and {ci) the declarations of inability to read (B.A. r. 29). The presiding officer should also make up into separate packets and seal with his own seal : — 6. The ballot paper account correctly filled up and showing the number of ballot papers intrusted to him, and accounting for them under the heads of ballot papers in the ballot box, un- used, spoilt, and tendered ballot papers (B.A. r. 30). For a form of this account, sec Election Agent, p. 472. 7. The appointments of presiding officer and poll clerks. The presiding officer shall, as soon as pi'^cticable, Delivery to^^ deliver to the returning officer the ballot box and the officer, above-mentioned packets (B.A. r. 29), and he should also deliver to him the stamping instrument, the unused declarations of inability to read, and all the unused 136 1'Ji(^ Poll CHAr. XIV. forms, cards, paper, and stationery supplied to his station. Travelling Travelling expenses, at not exceeding one shilling per expenses. ^^jj^^ ^^^ conveying the ballot boxes from the polling stations to the place appointed for counting are allowed, provided the distance exceeds two miles (38 & 39 Vict. c. 84, sch. I. ; L.G.A. s. 75, sub. 18, and see further as to travelling expenses, ante, p. 65). The subject of this chapter is further dealt with, and various practical suggestions are made, in the " Instruc- tions to Polling Agents," No. J, post, p. 233 ; and in the "Instructions to Presiding Officers," No. 38, Election Agent, p. 492- 137 ) CHAPTER XV. CiiAP. XV. COUNTING THE VOTES, DECLARATION OF RESULT, AND REPORTS. Preparations for counting flace of counting Notice of counting Hours of counting Proceedings at coimting . Who may be present Recording, mixing, and count- ing the ballot papers . Precautions as to secrecy yurisdiction of returning office Construction of B.A. . Mandatory enactments Directojy enactments Ballot papers which shall be re jected , 1. IVant of official mark 2. Voting for more candidate than entitled to 3. Writing or mark by ivhich voter can be identified Ballot papers held to be bad . Ballot papers held to be good. 4. Unmarked ballot papers 5. Void for u?icertainty Indorsement on 7-ejected ballot paper .... 1 08 139 140 141 142 143 5) 144 145 146 147 Adjournment of coufiting Votes wrongly cast up Revieiving decision of borough returning officer Casting vote .... Sealing up the packets Verification of ballot paper ac- counts .... Report thereon to clerk of the county council . Declaration of result Where candidate alleged to be disqualified Neglect or refusal to declare elec- tion Return to clerk of the county council .... Summons to attetni first meeting of provisional council Election for more than o?ie electoral division Notice of cafididates elected Report to clerk of the county council .... Delivery of ballot papers, packets, etc. .... Custody and destruction Inspection .... 147 )» 148 149 >» »> >> 150 152 The M.C.A. is applied to local government elections by L.C.A., s. 75 ; the B.A. is applied to the M.C.A. by M.C.A. s. 58. The counting of the votes is conducted in precisely the same manner, and under substantially the same statutory provisions, as at a parliamentary election, but the provision as to the casting vote is different {scq post, p. 148). 138 Countins; the Votes. Chap. XV. Preparations for counting. Place of counting. Notice of countintr. Hours of counting. The returning officer shall appoint officers for count- ing the votes (M.C.A. sch. III. part III. r. 3), and shall provide such things, and do such other acts and things as may be necessary for effectually (B.A. s. 8) counting the votes, and ascertaining the result. The returning officer must therefore provide clips, files, or counting forms for separating the differently marked ballot papers into classes (according to the system he may adopt), baskets, bags, or boxes for containing the different packets ; and forms of the several reports, notices, etc., discussed in this Chapter. As to the competent persons and clerks whom he may appoint to assist him, see ante, The returning officer and his deputy may use, free of charge, for the purpose of counting the votes, any room in a school receiving a grant out of moneys provided by Parliament, and any room the expense of maintaining which is payable out of any local rate, in the same manner and under the same conditions as in the case of the adjudication on nomination papers (L.G.A. s. 75, sub. 16, g; B.A. s. 6, and see ante, p. 102). Before proceeding to count the votes, the returning officer shall give to the agents of the candidates appointed to attend at the counting of the votes, notice in writing of the time and place at which he will begin to count (B.A. r. 32), by delivering such notice at, or sending it by post to, the address of each such candidate (B.A. r. 52) ; for a form of this notice, see Election Agent, p. 526. No length of notice is prescribed ; but, inasmuch as the candidates may appoint their agents up to one clear day before the opening of the poll (B.A. r. 52), the re- turning officer cannot tell until then to whom he may have to give such notice, and thus the day before, or the day of, the opening of the poll seems naturally to be the time when he should give this notice. He is only bound to give notice to such agents as have been duly appointed and notified to him {ib. rr. 52, 32). The returning officer shall count the votes (B.A. s. 2) as soon as practicable after the close of the poll (B.A. r. 32) ; and shall, so far as practicable, proceed continuously Counting tJie Votes. 139 therewith, allowing only time for refreshment, and ex- Chap. XV. eluding, except so far as he and the candidates' counting agents otherwise agree, the hours between 7 P.M. and 9 A.M. on the succeeding morning (B.A. r. 35) ; and thus, as the poll does not close until 8 P.M. (48 Vict. c. 10, s. I ; L.G.A. s. 75, sub. 11), the returning officer cannot, unless all the agents, present at the counting, consent, commence or proceed with the counting until the morning after the close of the poll. Such consent may- be verbal, and, if once given and acted upon by the returning officer, cannot, it is apprehended, be with- drawn without his assent. There seems to be no legal objection to counting the votes on a Sunday, but the returning officer is not bound to do so, but may delay the proceedings until the Monday (see B.A. r. 56 ; M.C.A. s. 230, sub. 2). During the excluded time the returning officer shall place the ballot papers, and other documents relating to the election, under his own seal, and the seals of such of the agents of the candidates as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents (B.A. r. 35). The returning officer shall, in the presence of such Proceedings ^ , 1-1 1 • i-i. J ^t counting agents, if any, of the candidates, as may be m attend- ^yj^^ „^^y ^^ ance (B.A. r. 55), open the ballot boxes, and ascertain present. the result of the poll by counting the votes given to each candidate (B.A. s. 2, and r. 32). The returning officer may refuse to admit to the place where the votes are counted any candidate's agent whose name and address was not transmitted to him one clear day at the least before the opening of the poll {ib. r. 52). He should refuse to admit any agent who has not taken the decla- ration of secrecy {ib. r. 54), and he should, therefore, inform himself as to who have or have not taken such declaration. He is bound to admit the candidates {ib. r. 51 ; Clementson v. Mason, L. R. 10 C. P. 209), all agents duly appointed by the candidates, and duly notified to him (B.A. s. 2, rr. ^1,, 52), and he, of course, admits his own assistants and clerks, but no other person, except with his (the returning officer's) sanction, na;iy be 140 Counting the Votes. Chap. XV. present {ib. r, 33). This sanction obviously should not be given to any person other than those entitled to be, or necessarily, present. The returning officer need not wait for any candidate's agent who does not attend (see B.A. r, 55). The returning officer, and every clerk or agent so attending must have taken the declaration of secrecy before the opening of the poll {ib. r, 54), in the manner pointed out, ante, p. 61. Recording, The returning officer shall (first) open each ballot box, ™untmgThe ^"d, taking out the papers therein, shall count and record ballot papers, the number thereof (B.A. r. 34). He shall (secondly) then mix together the whole of the ballot papers con- tained in the ballot boxes (B.A. r. 34). He shall (thirdly) count the votes {ib.). For these purposes it is necessary that the folded ballot papers should be opened in order to expose their faces, and in opening them it is impossible to avoid seeing their backs, and it is the duty of the returning officer (a duty which the candidates and their counting agents are entitled to supervise) to examine both sides of the ballot papers {Thornbury, 16 O. B. D. 751) ; but the returning officer, while thus counting and recording the number of ballot papers, and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers (B.A. r. 34). Although the candidates and their counting agents have thus a right to see the backs as well as the fronts of the papers, they have no right to look at the numbers on those backs, and the returning officer and his counting assistants may prevent it ; they need not let the papers out of their hands, and may double up the numbers {Thornbnry, 2 T. L. R. 488), a course which was sub- stantially taken by Denman, J. in chambers when re- counting the votes in the Ashton-nnder-Lyne petition, 1885. Again, although the candidates' counting agents are entitled to be present while the returning officer is count- ing and recording the number of ballot papers taken from each ballot box, they are not entitled to count or Counting the Votes. 141 record the number of votes given for any particular can- Chap, XV. diclatc in any particular polling districts or in any par- ticular ballot box ; and the returning officer should take all possible means to prevent this, or any other improper exercise of their right of supervision and of being present. Throughout the counting, the returning officer must Precautions as take all necessary precautions and steps to insure ° ^'^'^■^^'^y* secrecy. Every officer, clerk, and agent in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any informa- tion obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper, under penalty of not exceeding six months' im- prisonment, with or without hard labour (B.A. s. 4). Any question arising in respect of any ballot paper is Jurisdiction of decided by the returning officer, and his decision is upon officer!"^ a question of fact, and is final, but subject to reversal on election petition (B.A. s. 2 ; Woodzuard v. Sarsojis, L. R. 10 C. P. 748). His function is judicial, so far as regards any inquiry into the validity of voting papers as papers, and to see whether they comply with the statute, or whether there is any objection to them ; but, beyond this, his only function is to count the votes and to declare the result of that counting {Pritchard v. Mayor, etc., of Bangor, 13 App. Cas. 241). His jurisdiction to decide such questions appears to be personal, and neither he nor his deputy can, it is submitted, delegate this jurisdiction to any one else. In dealing with any question which he is empowered Construction to deal with in respect of any ballot paper, the returning ° " ' officer should remember that it is not every departure from the regulations of the B.A. that will render the vote invalid ; and that while, on the one hand, the enactments contained in the body of the Act arc absolute, and must be obeyed by the \'oter exactly, yet that, on the other hand, the rules and forms in the schedule arc directory merely, and it is sufficient if they 142 Coiintino; the Votes. Mandatory enactments Chap. XV. be obeyed substantially i^Woodivardx. Sarsons, L. R. lO ■ C. P. 746 ; ace. Phillips v. Gojf, 17 Q. B. D. 812). He should also bear in mind that statutory provisions in general are directory where the thinq- to be done is to be done by an officer, but are mandatory where it is to be done by the voter {TJiornhury, 2 T. L. R. 485). Keeping these principles in mind, it will be found that the following are absolute enactments which must be obeyed exactly, and a breach of w^hich will render the vote void : — the voter shall mark his ballot paper secretly {Woodzvard v. Sarsons, L. R. 10 C. P. 747) ; the ballot paper shall be marked on the back with the official mark [Thornbury, 16 O. B. D. 739) ; the ballot paper shall not be so filled up or marked as that the voter can be identified {}Vigtoivn, 2 O'M. & H. 216; Woodzvard v. Sarsons, L. R. 10 C. P. 747). as if, for example, the voter marks the face of the ballot paper v.-ith his name or initials {Woodzvardw Sarsons, L. R. lo C. P. 749, 750), or if the presiding officer marks such face with the voter's register number {ib. 748 : sed qu. Thornbiiry, 2 T. L. R. 485, and see post, p. 145). But the manner in which the voter shall secretly mark his ballot paper is regulated by the rules and forms contained in the schedule to the B.A., and, as these are directory merely, it is sufficient if they be obeyed sub- stantially {Woodzvardv. Sarsons, L. R. 10 C. P. 747 ; aec. Phillips v. Goff, 17 Q. B. D. 812). There is there- fore no objection to making the mark with ink instead of with a pencil, provided it be not a peculiar ink {Wigtozun,2 O'M. & H. 223); or with a blunt knife, piece of wood, or finger nail {Berzvick-on-Tzveed, 3 ib. I So). T\\e form of the mark is also, in the absence of evidence of collusion or pre-arrangement, immaterial (see the instances of good and bad ballot papers, post, p. 145). And, when the matter is one over which the voter has no control, the vote is not to be considered bad by reason of an omission or error by an officer {Thornbury, 16 Q. B. D. 746) ; thus the wrapping up of the votes of illiterate voters, each in the corresponding declaration of inability to read, and then placing the two Directory enactments. Coiintiiig the Votes. 143 together in the ballot box, will not render the votes void Chap. XV. {Woodioardv. Sarsons, L. R. 10 C. P. 748) ; nor will the insertion of the same candidate's name twice in the ballot paper, the one being in respect of a valid nomina- tion and the other in respect of an invalid nomination, render either set of votes void {Northcote v. Pulsford, ib. 483). The omission of the presiding officer to indorse the voter's name upon a tendered ballot paper {Stepney, 4 O'M. & H. 43), or to stamp the face of the ballot paper with the official mark, does not invalidate the votes {Thornbury, 16 O. B. D. 746) ; but the omission to insert in the counterfoil the \-otcr's register number may perhaps render the vote void {Pickering v. Startin, 28 L. T. III). The returning officer shall reject, and shall not count Ballot papers which shall any ballot paper : — be rejected. 1. Which has not on its back the official mark (B.A. s. 2 ; see infra). 2. On which votes are given to more candidates than the voter is entitled to vote for {ib. ; see post, p. 144). 3. On which anything, except the printed number on the back, is written or marked by which the voter can be identified {ib. ; sec post, p. 144). He is also bound to reject any ballot paper : — 4. Which is not marked (B.A. r. 36 ; see post, p. 146). Apparently he is also bound to reject any ballot paper : — 5. Which is void for uncertainty {ib. ; see post, p. 146). With regard to the first of these classes, the presiding i- "^Vant of officers and their poll clerks can be alone to blame for the absence of the official mark on any ballot paper, and if competent persons arc appointed to these posts, and if they do their duty, no ballot paper ought to be subject to the returning officer's rejection upon this ground. If there is no official mark whatever, the ballot paper must be rejected {Wigtown, 2 O'M. & H. 216) ; but, if the ofificial mark appears on the back of the ballot paper, its absence from the face of the paper does not render the vote void {Thornbiiry, 16 O. B. D. 746). 144 Counting, the Votes. Chap. XV. 2. Voting for more candi- dates than entitled to. 3. Writing or mark by which voter can be identified. With regard to the second of the above classes, it oc- casionally happens that a voter makes a mistake in marking his votes, and, instead of obtaining another ballot paper, seeks by some means to obliterate his error, and afterwards marks his votes correctly. In any such case the returning officer must decide whether the ad- ditional marks are mere cancellations of errors which in his judgment do not invalidate the votes, or w^hether they are such marks as would lead to the identification of the voter, and therefore invalidate the ballot paper under the next head. See the facsimile copies of the ballot papers in Woodivardv. Sarsons, numbered 1,632, 1,726, and 926, in Election Agent, pp. 186, 187, 190. In dealing with the third of the above classes, viz., ballot papers upon which anything, except the number on the back, is written or marked by which the voter can be identified, the returning officer must form the best judgment he can upon the materials before him, and, if in his judgment the mark or marks do not amount to marks by which the voter can be identified, the ballot paper is valid and the votes appearing thereon must be counted. The returning ofificer is not bound to call for evidence, nor to hold an inquiry for establishing the voter's identification, or for the purpose of showing that the voter had, by previous concert with others, intended to make it known for whom he voted ( Wigtoivn, 2 O'M. & H. 225) ; but, on the other hand, he may, and appa- rently ought, to receive any evidence that is tendered to him to show that a peculiar mode of marking was resorted to by pre-arrangement or collusion to in- dicate that the paper so marked was the one used by a particular voter, or for any other improper identi- fication ilVoodivard \\ Sarsons, L. R. 10 C. P. 749). For example, it is conceivable that a bribe might be promised to (say) twelve voters to vote for A. B., con- ditional on their marking their ballot papers with a peculiar mark, or with a mark in a peculiar position, or made with a peculiar pencil or instrument, such bribe to be paid after the counting agents for A. B. should have noticed that twelve ballot papers are marked for A. B. Cotinting the Votes. 145 in the stipulated manner ; and if at the countinc^ of the Chap. XV. votes the returning officer is of opinion that the recurrence of a series of similar peculiar marks is in itself evidence of such a pre-arrangement, or if distinct evidence thereof is adduced, he is entitled, and seemingly bound, to reject the votes (see Woodivard v. S arsons, L. R. 10 C. P, 749) ; though if he is of opinion that the irregu- larity or peculiarity is innocent, or the result of igno- rance, or inadvertence, he should allow the votes, and leave the party attacking the votes to seek his remedy by election petition. The register number of the voter, being a mark by which, on reference to the register, the voter can be identified, the court in one case rejected 294 ballot papers because they were marked upon their faces by the presiding officer with such numbers ( Wood- %va7'd V. Sarsons, L. R. 10 C. P. 748, 735) ; but in a subsequent case it was held that the voter is not to lose his vote for any act or default of an officer, in a matter in which he (the voter) has no control {TJiornhiry, 2 T. L. R., 485, 490). From the latter decision it would appear that the mark creating the identity must, to render the vote void, be made by the voter himself, and not by an officer, and that thus the former decision is no longer law. It has been held that ballot papers marked as follows Ballot papers are all bad, and ought to be rejected by the returning ^^^|j^' *° '^^ officer : viz. marked with the name of the candidate voted for ( Woodivai'dv. S arsons, L. R. 10 C. P. 748) ; the name of the voter {ib. 'JA,(^) ; the name of any third party {Wigtozvn, 2 O'M. & H. 216, but see Stepney, 4 ib. 60) ; initials in addition to a cross ( Woodivard v. Sarsons, L. R. 10 C. P. 750) ; a circle instead of a cross {Stepney, 4 O'M. & H. 37 ; Wigtoiun, 2 ib. 221 ; cofitra Buckrose, Deer. 1886 — the latter decision appears to be more correct than the two former). And it has been held that ballot papers marked as Ballot papers follows are good, and ought to be allowed by the re- ^'^^^^ ^° ^^ rr • good. turnmg officer : viz. two or three crosses instead of one cross {Woodzuard v. S arsons, L. R. 10 C. P. 749, dissenting from Wigtozvn, 2 O'M. & H. 218) ; a mark I. 146 Coiuitiii!^ the Votes. Chap. XV. like an imperfect letter P., in addition to a cross ; a star instead of a cross ; a peculiarly formed cross ( Woodtvard V. Sai'sons, L. R. 10 C. P. 749) ; a line drawn through the name of the candidate not voted for, and a cross marked against the name of the other candidate {ib. 748) ; a figure instead of a cross {Phillip v. Goff, 17 Q. B. D. 805) ; a cross or stroke or strokes on the back in addition to the cross on the face of the ballot paper {Stepney, 4 O'M. & H. 39 ; but see Wigtown, 2 O'M. & H. 219). Facsimile copies of the ballot papers con- sidered in the above decided cases are given in the Election Agent, p. 182, et seg. 4. Unmarked With regard to the fourth of the above classes, the ballot papers, unmarked ballot papers, of course, present no difficulty. Few will, however, be found to be wholly unmarked, and it must be remembered that a ballot paper may be well marked, although it is not marked with the pencil provided for the purpose (see a7ite, p. 142). Some ballot papers that appear at first sight to be unmarked will probably be found to be marked on the back ; but in inspecting the backs all proper precautions for preventing any person from seeing the numbers printed thereon must be taken by the returning officer (B.A. r. 34), e.g. the number should be doubled up {Thornhiiry, 2 T. L. R. 488). A ballot paper marked on the back only should be rejected {Berzvick-on-Tweed, 3 O'M. & H. 182) ; but a ballot paper marked on the back, if well marked on the face, and unless bad under the third class {ante, p. 144), should be counted {Stepney, 4 O'M. & H. 39 ; but see Wigtoivn, 2 ib. 2 1 9). With regard to the fifth and last of the above classes, viz. ballot papers void for uncertainty, where the mark is so placed as to render it impossible to decide for whom the vote was intended to be given, the ballot paper must be rejected {Phillips v. Goff, 17 O. B. D. 815). If the cross be marked at the top corner of the paper, outside the parallelogram containing the candidate's name, and outside the space for the cross, the ballot paper is bad for uncertainty {Berivick-on-Tiveed, 3 O'M. & H. 182 ; Stepney, 4 ib. 37). So, also, if there is a 5. Void for uncertainty Countmg the Votes. 147 jTood separate mark ac^ainst the name of each candidate, Chap. XV. the ballot paper is clearly void for uncertainty. But where the voter marked a long cross, each line thereof being partly in the square allotted to one candidate, and partly in that of the other, the ballot paper was allowed as a good vote for the candidate in whose square the intersection of the cross appeared {Bcnvick-07i-Tiveedy 3 O'M. & H. 182). A ballot paper which is certain as to one vote may be counted as to that vote, though it is uncertain as to another vote (see ib.). Upon the back of every ballot paper which the Indorsement returning officer may reject as invalid (^Thornbury, 16 ijallot pap^r. Q. B. D. 751), he shall, indorse "rejected," and shall add •to the indorsement " rejection objected to," if an objection be in fact made by any agent to his decision (B.A. r. 36). The returning officer may adjourn the proceedings for Adjournment the purpose of finishing the counting (/v. v. Mayor, &c., " '■°""""S- of Ba?igor, 18 O. B. D. 363) ; but not, it would seem, for the purpose of considering, or taking advice on any question that comes before him {ib. 363, 354 ; PritcJiard V. Mayor, &c., of Bangor, 13 A pp. Cas. 250). Where the returning officer thinks that there has been Votes wrongly an error in the counting, he can recount the votes before he declares the result (/v. v. Mayor, &c., of Bangor, 18 Q.B. D. 354 ; and see Stepney, 2 T. L.R. 571.) But if, after he has declared the result, the counting is still erroneous, the mistake can only be rectified by filing an election petition praying a re-count {Renfren', 2 O'M. & H. 213 ; AsJiion-nnder-Lyne, 1885, and see Dublin, i P. R. & D. 193) ; and if at the termination of a scrutiny the votes are equal in number, the election is a void election {Doivnton, i Lud. 264). When the seat is claimed on election petition, the respondent may claim a re-count {Stepney, 4 O'M. & H. 35, 49). Where an electoral division of a count}' is co-extensive Reviewing with, or wholly comprised in, a borough, and the returning Jj^rou^h ° officer for the borough acts as the returning ofiicer in returning pursuance of a writ directed to him from the county ° returning officer (as to which, see ante, p. 56), the former shall follow the instructions of the latter, in like manner L 2 148 Coiuitiiis: the Votes. Chap. XV. Casting vote Sealing up the packets as if he were a deputy returning officer, and any decision of an objection to a ballot paper shall be subject to revision by the county returning officer accordingly (L.G. A. s. 75, sub. 6). No procedure is prescribed for obtaining this revision, nor is any explanation given of what is implied by this word " accordingly," and there is no other provision enabling any decision of any ordinary deputy returning officer to be reviewed, which can be referred to for explanation or comparison. But upon the decision of the borough returning officer being challenged, the best course for him to take seems to be to adjourn the proceedings until the result of the revision by the county returning officer can be obtained, and can be communi- cated to him (the borough returning officer). The borough returning officer shall return the names of the persons elected to the county returning officer {ib\ and as the revision of any decision of the former by the latter may affect the result of the counting, and may alter the names of the persons to be returned, it seems necessary that this revision of his decision should be heard and deter- mined before the declaration of the result of the counting is made (as to which, see post, p. 149), and before the names of the persons elected are returned to the county returning officer. Where an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer or his deputy, whether entitled or not to vote in the first instance, may give such additional vote by word of mouth or in writing (M.C.A. s. 58, sub. 5). The returning officer is not, nor is his deputy, bound to o-ive a casting vote ; but unless the circumstances arc very unusual or special, he ought to exercise his powei and give a casting vote, as otherwise he leaves the candidates to seek their remedy by election petition. Upon completion of the counting, the returning officer ■ shall seal up in separate packets the counted and rejected ballot papers (B. A. r. 37). He shall not open the sealed packets of tendered ballot papers, or those of the registers of voters and counterfoils (/^.). He must open the sealed Declaration of Result, and Reports. 149 packets containing the unused and spoiled ballot papers, Chap. XV. and also the packets containing the tendered votes lists, for he shall, in the presence of such agents of the candi- dates (B.A. r. -^^j) as are authorised to attend (B.A. rr. 31, 52), and do attend (B.A. r. 55), proceed to verify the Verification of ballot paper account given by each presiding officer, by acioumsr'^ comparing it with the number of ballot papers recorded by him {the returning officer) as aforesaid, and the un- used and spoilt ballot papers in his possession, and the tendered votes list (B.A. r. 37). He shall then re-seal each sealed packet so opened for examination by him {ib). He shall report to the clerk of the county council the Report there- result of such verification, and shall, on request, allow any ['he^c°oum'' °^ agents of the candidates, before such report is sent, to council. copy it {ib. ; L.G.A. s. 75, sub. 5) ; for a form of this report, see Election Agent, p. 530. Having ascertained the result of the poll by counting Declaration 01 the votes given to each candidate, the returning officer '''^^"^'' shall forthwith declare to be elected the candidates or candidate to whom the majority of votes has been given (B.A. s. 2). This declaration is usually publicly made, outside the hall or place in which the votes are counted, immediately after the result has been ascertained ; and there seems to be no legal objection to making it on a Sunday. It is to be made "forthwith," and therefore must not be postponed until the next day, or delayed for any reason whatever {Pritchard v. Mayor, &c., of Baiigor, 13 App. Cas. 250, 258). If the candidate elected be alleged to be disqualified, Where candi- the returning officer should nevertheless return him, and ^^^^ alleged ■,,.,. ' to be uis- should leave the objector, or the candidate next in order qualified, to the candidate alleged to be disqualified, to seek his remedy by election petition, or otherwise as he may be advised. The functions of the returning officer at the counting of the votes, after all questions as to the validity of the voting papers as voting papers have been disposed of, arc purely ministerial, and he has no jurisdiction to enter into an enquiry as to the qualification or dis- qualification of any candidate (per Lord Halsbury, L.C. in Pritchard v. Ulayor, &c., of Bangor, 13 App. Cas. 249, I50 Declaration of Result, and Reports. Chap. XV. Neglect or refusal to declare elec- tion. Return to clerk of the county council. Summons to attend first meeting of provisional council. Election for more than one electoral division. Notice of candidates elected. 250) ; he has simply to count the votes, and to declare the result of that counting of the votes {ib. 250; and see S.C. in C.A. 18 O.B.D. 363). If the returning officer, or his deputy, neglects or refuses to declare the election as required by the M.C.A. he shall for every such offence be liable to a fine not exceeding iJ"ioo, recoverable by action (M.C.A. s. 75, sub. i). Such action must be brought within three months from the neglect or refusal, and after payment of the costs of the action, including extra costs (see Mayor of Hanvich v. Gant, 5 E. & B. 182), a moiety of the fine shall be paid to the plaintiff (M.C.A. s. 75, sub. 3, and see L.G.A. s. 75, sub. 16, a). The other moiety under the M.C.A. goes to the borough fund (M.C.A. s. 140), but this section is not applied to the L.G.A. (see L.G.A. s. 75), and the destination of this other moiety is there- fore not provided for, and thus the whole fine may belong to the plaintiff The returning officer must forthwith return the names of the persons elected to the clerk of the county council, as mentioned, ante, p. 108 ; and, after the first election, must send to each person elected, notice of his election, accompanied by a summons to attend the first meeting of the provisional council, as mentioned, «;//> Joint candidature . • ,, I/ozv created . . • j > Legal expenses • . .160 Illegal expenses . . • »» Saving for creditors . .161 II. SENDING IN CLAIMS. To whom . . . .161 Within what time . . • , , I^ave to send in after time . 162 Advertising for clainis Claims amoiintim; to ZOs. III. PAYMENT OF CLAIMS. Within what time By whom Voucher 162 163 Disputed claims Leave to pay after time IV. RETURN AND DECLARATION, Agents return to candidate . 163 Candidate's return and declara- tion . . • .164 Failure to make return or de- claration . . • J) Insufficient return False declaration Return of claims paid by leave Custody and Inspection . Destruction . . 162 16' 164 165 The M.E.C.I.P.A. is applied to local government elections by L.G.A. s. 75. The provisions discussed in this chapter are very analogous to those affecting election expenses at parlia- 154 Election Expenses. Chap. XVI. Distinction between election ex- penses at parliamentary and at local government elections. mcntary elections. But there is no election agent (as in C.I.P.P.A. s. 24), no provision for a candidate's personal expenses (as in ib. s. 31), or lor miscellaneous matters (as in ib. sell. I. pt. III.), or for petty expenses for stationery, etc. (as in ib. pt. 11. and s. 31, sub. 3), or for the taxation of disputed claims (as in ib. s. 30). And the prohibition against incurring expenses extends to all elections, while the permission to incur expense, not exceeding a certain maximum allowance, is confined to a candidate for election as a county councillor (M.E.C.I.P.A. s. 5, sub. i). The Act does not authorise or contemplate the incurring of expenses in respect of the election of a county alderman or chairman of the county council, and doubtless for the reason that no expenses can properly be incurred by a candidate for election to either of those offices. Definition of election expense. I. Expenses, how Incurred. An election expense is one " incurred by or on behalf of a candidate at a county councillor's election, on account of, or in respect of the conduct or management of such election" (M.E.C.I.P.A. s. 5, sub. i). These words are used throughout the Act when dealing with legal expenses, wider words ( " for the purpose of promoting or procuring the election of a candidate," ib. s. 12, sub. i) being used in relation to illegal expenditure. It would seem that the phrase " on account of or in respect of the conduct or management of the election," is to be read "on account of the election, or in respect of the conduct or management of the election " {Kennington, 4 O'M. & H. 94) ; and that an expense incurred for " pro- moting or procuring " an election is also an expense incurred " on account of or in respect of the conduct or management of the election " {Ipsivich, 31st Mch. 1886). It is a question of fact in each case as to when a person has become a "candidate," as to when an " election " has commenced, as to when " the conduct or management of the election " has commenced, and as to whether any particular expense has been " incurred on I . How Incurred. i 5 5 account of or in respect of the conduct or management Cii-vr. XVI. of the election." Every expense must be judged with reference to its particular facts and surrounding circum- stances, but, as a general rule, expenses incurred in ordinary course: — (i), before the election has com- menced ; (2), after the election has terminated ; (3), with reference to elections generally, or in the general interest of a political party, and not in respect of a particular election ; (4), by a candidate's family or friends out of mere curiosity, interest, or sympathy, and not incidental to the conduct or management of his election ; and (5), in respect of public charities or institutions, having no reference to the election — are not election expenses, and need not, in the absence of special circumstances, be returned or taken into account in calculating the maximum. Of these in their order. It has been suggested that until there is a candidate i. Expenses there cannot be an election, and that consequently until jJefoJ-e^^elec- a particular candidate has definitely come before the tion has 1 /^ r 1 ■ J 1. 1 *-• commenced, constituency expenses bona fide mcurred are not election expenses (see Norwich, 4 O'M. & H. 85, ^6). But these propositions cannot be accepted as universally true. If one candidate retires in favour of another candidate, and the latter adopts and succeeds to the preparations for election which the former has made, the expense thereof must, it is submitted, be treated as part of the election expenses of the latter, and be taken into account and returned as such. So, also, if the candidate does not come forward until the eve of the polling day and after all the preparations for the election have been completed. The proper course in such cases would seem to be to consider that if steps are taken such as usually belong to the conduct of a contest, with a view to promote the return or interest of a particular individual, and at a time when voters have the immediate prospect of voting, then the election has commenced, and if that particular person does afterwards become a candidate, then that he must treat those expenses as election expenses, and must include them in his election return. Again, if work costing money, valuable consideration, securit}-, or other 156 Election Expenses. Chap. XVI. equivalent for money (see C.I.P.P.A. s. 64 ; M. E.C.I. P.A. s. 34) has been done prior to the commencement of the election contest, which work the candidate adopts, and takes the benefit of, for the then pending election, the only prudent course is for him to treat such work as an election expense, or to repay the money so expended, and to debit it in his accounts. If the cost of the w^ork so adopted includes that of other work which the can- didate does not adopt, he should apportion the expense as best he can ; and where he cannot otherwise arrive at the precise amount, a safe course is to estimate the amount it would cost him to have the adopted work done over again. Thus, if he accepts canvass books prepared beforehand by a registration or political association, or information collected by any paid officer of such an association, wherewith he compiles his own canvass books, he should estimate the actual cost incurred in, or saved to himself by, providing and compiling such books, or collecting such information, and should repay the amount to such association or officer. Any doubtful question, the candidate should solve by paying the amount and including it in his return. Certain preliminary expenses have been considered by the election judges, and have been held not to be elec- tion expenses. Thus, registration expenses are not election expenses {Penryn, i O'M. & H. 131 ; Kennington, 4 ib. 94), unless the registration is so conducted as to amount to a canvass for a particular candidate. In any case a prudent candidate will not subscribe to registra- tion expenses more than a reasonable amount, and then only on condition that his money is not spent for any other purpose, that a careful account is kept, and that proper vouchers are taken and preserved. What is a reasonable amount is a question of degree to be deter- mined with reference to the circumstances of each case ; but for an intending candidate to pay the whole, or nearly the whole, of the registration expenses is im- prudent, and may expose him to having his seat attacked (as in Keji7iington, 4 O'M. & H. 93). The expense of getting up a requisition to a person to stand for election. Instances of preliminary expenses which are not election ex- I. Hoio Incurred. 157 of employing people to obtain signatures to such requisi- Chap. XVI. tion, of a public meeting at which such requisition is presented, of men employed as stewards and to keep order at such meeting, and of refreshment given to such stewards, are not election expenses if bond _;f^i? incurred, and if the person to whom the requisition is addressed be not in fact a candidate at the time, for the expense of procuring a candidate or of inducing a person to become a candidate, is not an expense of his election {Nonoich, 4 O'M. & H. 85, 86). But if such expenses be incurred colourably to evade the Act, they may be held to be election expenses {ib.). The expensesof a newspaper started months before an election to favour the views of a particular party, which advocates the claim of a particular candidate, and which ceases to appear shortly after the election is over, has also been held not to be an election expense {Kcnnington, 4 O'M. & H. 93). The expense of a test ballot held after the vacancy has arisen, or writ of election has issued, to determine which of three candidates shall go to the poll, is an election expense (see Britt v. Robinson, L.R. 5 C.P. 508) ; but the expense of a test ballot held before the vacancy has arisen, and before the writ of election has issued, for the purpose of selecting a candidate to be invited, and who has not yet offered himself or consented to stand, is not, it would seem, an election expense (see Norwic/i, 4 O'M. & H. 84 ; Kennington, ib. 93). It is submitted that the '•' conduct or management of 2. Expenses the election" is at an end as soon as the declaration o^'^^^^Hl^^^ the poll has been made (see Galway Connty, 2 0']\I. & H. terminated. 49), and that consequently the following are expenses which need not be taken into account in calculating the maximum, or returned as election expenses : — telegrams announcing the result of the poll, advertisements or circulars of thanks to the electors, fees to counsel to advise and settle the election return and declaration, journeys to London for the like purpose, and to the returning officer's office to inspect the accounts and vouchers, costs of taxing the returning officer's account. The expense of a journey to pay the accounts of a 158 Election Expenses. Chap. XVI. particular election was formerly held to be an election expense {Grant v. Guincss, 17 Scott, 190) ; but this was under one of the old statutes, now repealed, which con- tained no such words as the present statute. Until, how- ever, some judicial decision has been given on this class of expenses, it would be prudent, where practicable, to treat these expenses as election expenses and to return them accordingly (see Penryn, i O'M. & H. 13]). 3. Expenses Expenses incurred with reference to elections generally, incurred with qj. Jj^ ^-j^g general interests of a political party, are not reference to '^ ^ l j j elections expenses " on account of or in respect of the conduct or generally. management of" a particular election. Thus, although the expenses of meetings held in view of an impending vacancy, or after the vacancy, dissolution or nomination, are, generally speaking, election expenses, the expense of meetings held to enable a member to address his con- stituents, to select a candidate, or to further the interests of a political party, are not, as a rule, election expenses and need not be returned. Expenses bond fide incurred by a political association to promote particular political views, and without reference to the election of any par- ticular individual, and the expense of taking an opinion as to the sufficiency of a candidate's qualification, and not solely applicable to a then approaching election, are also not election expenses {Grant v. Gniness, 17 Scott, 190). 4. Expenses Expenses incurred by a candidate's family or friends candTd^te^J °^^ °^ mere curiosity, interest or sympathy, and not ffiends out of affecting the " conduct or management " of his election, ositv *^&c' have been considered by an experienced lawyer not to be election expenses ; e.g. the hotel or other expenses of a candidate's wife or relatives who accompany him about the constituency during his candidature or on the poll day, who attend meetings and perhaps even speak on his behalf, and generally act as mere spectators interested in the election. But until this view has received judicial sanction it would be more prudent, where practicable, to treat these expenses also as election expenses and to return them accordingly, 5. Subscrip- Subscriptions or donations bojid fide made to or for tions, etc., to pu^ijc charities, institutions, or purposes, were formerly I. How Licurrcd. 1 59 expressly declared not to be election expenses (see 17 Chap. XVI. & 18 Vict. c. 102, s. 24, and Grant v. Gin'jicss, 17 Scott, , ,. '_, \ A 11 public 190) and are not so now (Rog. 711). As to the danger charities or of incurring such expenses during an election, see institutions. Election Agent, pp. 291, 292. All election expenses incurred or paid must be for a The amount reasonable and proper sum, and in no sense " colourable " "e"sonable or excessive, or they may amount to bribery. Subject to such exception as may be allowed in Maximum pursuance of the Act (as to which, see post, p. 202), no exP'^"'^^^"'^^- election expense shall be paid or incurred by or on behalf of a candidate at an election, whether before, during, or after an election, in excess of the maximum amount specified, under penalty, if knowingly exceeded, of an illegal practice (M. E.C.I. P.A. s. 5, subs, i, 2), avoiding the election {ib. s. 8). And if a person knowingly provides money for any payment which is contrary to the provisions of the M.E.C.I.P.A., or for any expenses incurred in excess of the maximum, or for replacing any money expended in any such payment, except where previously allowed by the court to be an exception, such person shall be guilty of illegal payment {ib. s. 9). This maximum amount is as follows ; the sum of ;!^25, and if the number of electors in the electoral division exceeds 500, an additional amount of three pence for each elector above the first 500 electors (M. E.C.I. P.A. s. 5, sub. i). Inasmuch as these numbers are taken according to the enumeration of the electors in the register {ib. s. 34), no deduction need be made for dead persons, double entries, removals, or the like. In case of a joint candidature, the maximum amount joint candi- shall, for each of such joint candidates, be reduced by '^^^"'■^• one-fourth, or, if there are more than two joint candidates, by one-third (M. E.C.I. P.A. s. 5, sub. 3). In other words, two joint candidates may spend one-and-a-half times, and three joint candidates twice, the maximum for a single candidate. A joint candidature is, for the purposes of calculating iiow created. the maximum amount of expenditure, created when two or more candidates by themselves or any agent or agents : — i6o Election Expenses. Chap. XVI. I. Hire or use the same committee rooms ; 2. Employ or use the services of the same clerks, messengers, or polling agent ; 3. Publish a joint address, or joint circular, or notice. But the employment and use of the same committee room, clerk, messenger, or polling agent, if {a) accidental or casual, or {b) of a trivial or unimportant character, shall not be deemed of itself to constitute persons joint candidates (M.E.C.I.P.A. s. 5, sub. 4 ; and see further hereon, Election Agent, p. 221). Legal ex- The following are legal expenses, and may be incurred penses. -within the maximum limit : — 1. The remuneration of the candidate's agents, if any (see ante, p. 48). 2. The remuneration of the polling agents (see ante^ p. 50). 3. The remuneration of the clerks and messengers (see ante, p. 50). 4. The expenses of printing and advertising (see ante, p. 81). 5. The expenses of publishing, issuing, and distributing addresses and notices (see ante, p. 82 et seq). 6. The expenses of exhibiting addresses, bills, notices, etc., by non-electors, or by electors being advertising agents (see ajite, p. 82). 7. The expenses of holding election meetings (see ajtte, p. 86). 8. The expenses of committee rooms (see ante, p. 77). Illegal The following are illegal expenses and are absolutely Expenses. prohibited : — 1. The conveyance of electors to or from the poll (see a7tte, p. 119). 2. Payments to corruptly induce or procure a person to withdraw from being a candidate at an election (M.E.C.I.P.A. s. II). 3. The expense of bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction (see ante, p. 87). 4. The expense of committee rooms in prohibited places, etc. (see ajite, p. yd)). //. Sending in Claims. l6l 5, Expenses incurred contrary to the provisions of Chap. XVI. the Act, or beyond any maximum amount allowed, and money knowingly provided for the payment thereof, or to replace any money so expended (see ante, p. 159). 6. Payments to electors, not being advertising agents, for exhibiting addresses, bills, or notices (see ajite, p. 82). The provisions of the M. E.G. I. P. A., prohibitmg certam Saving for payments and contracts for payments, and the payment '^''^ '*°''^* of any sum, and the incurring of any expense, in excess of a certain maximum, do not affect the right of any creditor who, when the contract was made, or the ex- pense was incurred, was ignorant of the same being in contravention of the Act (M.E.C.I.P.A. s. 15). II. Sending in Claims. Every claim against any person in respect of any To whom. expense incurred by or on behalf of a candidate at an election of a county councillor, on account of or in respect of the conduct or management of such election, shall be sent in within fourteen days after the day of election, and if not so sent in shall be barred and not paid (M.E.C.I.P.A. s. 21, sub. l). This section does not prescribe the person to whom the claim is to be sent in, and it may therefore presumably be sent in to any duly authorised agent, but if there be no such agent it must be sent in to the candidate and to no one else. If a claim is sent in, neither to the candidate, nor yet to his duly authorised agent (if any), it is not "sent in " within the meaning of the Act, and is apparently barred and cannot be paid {ib. sub. i). The court has no power to deal with a claim sent in to the wrong person, except by allowing it to be sent in over again after the time limited {ib. sub. 6, and cf. C.I. P.P. A. s. 29, sub. 9). It would seem that the words " sent in " imply that Within what the claim must be received within the fourteen days ; ^''"^• and at all events, until it has been judicially decided M 1 62 Electioji Expenses. Chap. XVI. otherwise, this is the only safe construction to adopt. These fourteen days must be calculated exclusively of the day of election, but inclusively of the day of sending in {Williams v. Burgess, 12 A. & E. 635) ; and as there is no provision in this Act excluding Sundays, etc. (unless the view as to the application of M.C.A. s. 230 to the M.E.C.I.P.A. stated /^j-/, p. 167, be accurate), Sundays, etc., must be included, and if the last day happens to fall on a Sunday, etc., the claim must be sent in on that day, or on the previous Saturday. It must also be carefully borne in mind that "the day of election " is not the day when the votes are counted, or the result declared, but is the day appointed by the returning officer and announced in his notice of election. Leave to send The county court for the district in which the election in, after time. ^^.^^ j^^jj^ qj. ^^e High Court, or an election court, may, on application either of the candidate or of a creditor, allow any claim to be sent in after the time limited (M.E.C.I.P.A. s. 21, sub. 6 ; and see further hereon, post, p. 209). Advertising Where the expense thereof can be incurred without for claims. exceeding the maximum allowance, it is desirable, and may avoid subsequent applications to the court, to advertise for claims in the same manner as a returning officer is required to do in his notice of election (see 38 & 39 Vict. c. 84, s. 7 ; L.G.A. s. 75, sub. 19 ; and, for a form of advertisement, see Election Agent, p. 465). Claims Where the claim amounts to twenty shillings, it must amounting to ^g gg^t in by a bill stating the particulars (M.E.C.I.P.A. 20s. ( or- \ s. 21, sub. 3). III. Payment of Claims. "Within what AH election expenses shall be paid within twenty-one time. days after the day of election, and not otherwise (M.E.C.I.P.A. s. 21, sub. i). As to how these twenty- one days are calculated, see supra, and post, p. 167. No payment can be made after the expiration of the above time, except by leave of the court, and any person who makes such a payment is guilty of an illegal practice /v. Return and Declaration. 163 (M.E.C.I.P.A. s. 21, sub. i). If, however, such payment Cwkv. XVL was made without the sanction or connivance of the """" candidate, his election shall not be void, nor shall he be subject to any incapacity by reason thereof {ib.). The payment must be made by the candidate, or by By whom. his authorised agent (see M. E.G. I. P. A. s. 21, sub. i, and the form of declaration prescribed by ib. sub. 3, No. ^,post, p. 232), and by no one else (sec re Parker , 21 Ch. D. 408). Every payment must be vouched (except in the Voucher. case of sums imdcr twenty shillings) by a bill stating the particulars and by a receipt (AI. E.C.I. P. A. s. 21, sub. 3). There is no provision for the taxation or adjudication Disputed of disputed claims. If, therefore, the candidate cannot agree the amount with the claimant in sufficient time to enable the former to pay the latter within the time limited, he must leave the claimant to bring his action at law ; and, on his establishing his claim therein, the court can give leave for the payment thereof after the time limited (M. E.C.I. P.A. s. 21, sub. 6; and sec further hereon, /^^j-/, p. 209). The same court that can give leave to send in a claim Leave to pay after the time limited (see ante, p. 162), can also give ^'^^'■''' ^'™^* leave to pay a claim after the time limited (M.E.C.LP.A. s. 21, sub. 6, and see further hereon, /^j/, p. 209). IV, Return and Declaration. Every agent of a candidate at an election of a county Agent's return councillor shall, within twenty-three days after the day '° candidate, of election, make a return to the candidate in writing of all election expenses incurred by such agent, under a fine of fifty pounds (M.E.C.LP.A. s. 21, sub. 2). As to how these twent>'-three days are calculated, see ante, p. 162, and/d?.y/, p. 167). No form is prescribed for this return, and therefore any form may be adopted that gives sufficient information to the candidate to enable him to make his return and declaration as to election expenses (see passim). M 2 164 Election Expenses. Chap. XVI Candidate's return and declaration. Failure to make return or declaration Insufficient return. Within twenty-eight days after the day of election of a county councillor, every candidate at such election shall send to the clerk of the county council a return of all election expenses incurred by such candidate or his agents, vouched (except in the case of sums under twenty shillings) by bills stating the particulars and receipts and accompanied by a declaration by the candidate made before a justice, in the form QAo.^, post, p. 232) set forth in the fourth schedule to the Act, or to the like effect {M.E.C.I.P.A. s. 21, sub. 3 ; L.G.A. s. 75, sub. 5). As to how these twenty-eight days are calculated, see ante, p. 162, and /cii-/, p. 167. No form of return is prescribed, and although, therefore, the legislature doubtless did not intend that this return should be sent in the same detail, and with the same particularity, as in the case of a parlia- mentary election, it seems desirable to follow, so far as practicable, the form prescribed for use at parliamentary elections (as to which see C.I.P.P.A. s. 33, sub. i, and Election Agent, p. 531). A return must be sent even though no expenses have been incurred {ex parte Robson,. 18 Q. B. D. 336). If the return and declaration are not made before the expiration of the time limited, the candidate shall not, after the expiration of such time, and until either the return and declaration have been made, or an authorised excuse allowed, sit or vote, under a penalty of fifty pounds for every day on which he sits or votes, to any person who sues for the same (M.E.C.I.P.A. s. 21, sub. 4) ; moreover, such failure is an illegal practice {ib. s, 21, sub. 5), rendering him liable to a fine of ;^ioo and to certain incapacities {ib. s. 7), and his election liable to be avoided {ib. s. 8). Up to the expiration of the time limited the candidate may sit and vote without incurring the above-mentioned penalty, though not without in- curring liability to the above-mentioned fine, incapacities, and avoidance of election. As to the allowance of an authorised excuse for a failure to make a return or declaration, see post, p. 206. An insufficient return, being no return, entails the same consequences as a failure to make any return. IV. Return mid Declaration. 165 A false declaration is a corrupt practice ; and, in Chap. XVI. addition to the penalties for a corrupt practice, it sub- ,. , ~~r~, / ^ ^ raise declara- jects the candidate to the punishment for wilful and tion. corrupt perjury (M.E.C.I.P.A. s. 21, sub. 5). Where, after the return is made, leave is given by the Return of court for any claim to be paid, a return of the sum so J^'^','"^ ^^^"^ by leave, paid shall forthwith after payment be sent to the clerk of the county council (M.E.C.I.P.A. s. 21, sub. 6 ; L.G.A. s. 75, sub. 5). The return and declaration sent to the clerk of the Custody and county council shall be kept at his office, and shall at »"spection. all reasonable times during the twelve months next after they are received by him, be open to inspection by any person on payment of a fee of one shilling, and the clerk of the county council shall, on demand, furnish copies thereof, or of any part thereof, at the price of two pence for every seventy-two words (M.h^.C.I.P.A. s. 21, sub. 10; L.G.A. s. 75, sub. 5). The clerk of the county council should record the day on which he receives the return and declaration, both because of the above provision, and because the time for presenting an election petition runs therefrom (M.E.C.I.P.A. s. 25, sub. I ; L.G.A. s. 75, sub. 5). After the expiration of the said twelve months, the Destruction, clerk of the county council may cause the return and declaration to be destroyed ; or, if the candidate so desire, shall return the same to him (M.E.C.I.P.A. s. 21, sub. II ; L.G.A. s. 75, sub. 5), ( i66 ) CHAP. XVII. CHAPTER XVIL TIME TABLES FOR THE FIRST ELECTION. Cojnpiitation of time under L.G.A Under M.C.A. . Under M. E.C.I. P.A. l66 >> 167 Under Returning Officers Act, 1875 . . . .167 Miscalcjilation or mistake . ,„ Time Tables . . . .169 Computation of time under L.G.A. Under M.C.A. The tables at the end of this chapter show all the dates for every act to be done on a fixed date in respect of the first election of county councillors to be held in January, 1889. The principles on which these times are calculated, and these tables are framed, are discussed anU, p. 109 ; but some further general observations on the computation of time under the different statutes involved in these tables may here be added. The L.G.A. (s. 103, sub. i) determines the last day for giving the notice of election, and provides for the fixing of the day of election, and upon the latter date the majority of the other dates are dependent. The L.G.A. contains no provision as to computation of time, or as to Sundays, etc., but applies, so far as is consistent, M.C.A. s. 230, as if it were re-enacted in the L.G.A. (L.G.A. s. 75). The M.C.A. determines all the dates intervening between the giving of the notice of election and the day of election. The provisions of s. 230 of that Act have already been frequently alluded to (see ante, p. 109), and it is only necessary here to remind the reader that Sundays, etc., have to be tnduded in computing the last day for notice of election, and for delivery of nomination papers, and of the other events prior to the day of election, because as these are acts which are not required Time Tables for the First Election. 167 to be done ivithin a limited period of time, they do not Chai-. X\'II. fall within M.C.A. s. 230, sub. 3. The M.E.C.I.P.A. determines the dates subsequent to Under the day of election relating to the sending in and pay- ment of claims ^against the candidate, and to the return and declaration respecting election expenses. That statute also contains no provision as to computation of time, or as to Sundays, etc., and it has hitherto not been possible to apply M.C.A. s. 230 in construing M.E.C.I.P.A. Inasmuch, however, as the L.G.A. s. 75, speaks of the M.E.C.I.P.A. as an Act amending the M.C.A., and re-enacts and incorporates both into itself and by that same section, it would seem that M.C.A. s. 230 may now be resorted to in computing time under the provisions of the M.E.C.I.P.A. applied to the L.G.A. But the times now under consideration are, if ordinary activity be used, sufficiently extensive to render any resort to this construction unnecessary. The Returning Officers Act, 1875 (38 & 39 Vict. Under Re- c. 84), as amended by L.G.A. s. 75, sub. 19, determines gJP'^g ^^^^^ the dates subsequent to the day of election relating to 1875. the sending in of claims against the returning officer, and to his account, and to the taxation thereof. That statute also contains no provision as to computation of time, or as to Sundays, etc., but provides by s. i, that it and the B.A. " shall be construed as one Act." Now the B.A. by r. 56 provides that in reckoning time Sundays, etc., shall in all cases be excluded, and Sundays, etc., are therefore excluded in reckoning the times fixed by the Returning Officers Act in relation to parliamen- tary elections. But s. i of that Act is not applied to the L.G.A., and thus B.A. r. 56 is not to be regarded in reckoning these times in relation to local government elections. The same question, however, arises as to whether M.C.A. s. 230 may not now be resorted to in construing these provisions as above mentioned with respect to the M.E.C.I.P.A. So far as regards times fixed under the M.C.A. and Miscalculation the L.G.A. little, if any, practical danger is likely to arise °' ''"'^='^^- from any miscalculation or bond fide mistake, inasmuch 1 68 Time Tables for the First Election. Chap. XVII. as it is enacted that an election shall not be invalidated by non-compliance with the rules in M.C.A. sch. III. if it appears to the court having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of the Act (M.C.A. s. 72). This, therefore, practically saves any accidental miscalculation or bond fide error with respect to any of the dates down to and including the day of election ; and the subsequent, though equally important, dates, do not affect the validity of the election then already held. Time Tables for the First Election. 169 Last day for notice of election Last day and hour for delivery of nomination jiapers. Last day and hour for de- livery of appointment of candidate's representative. Notice of nominations to be sent to each candidate. Last day antl hour for delivery of notice of candidate's withdrawal. Adjudication on objections to nomination papers. Last day for notice of situa- tion, etc., of polling places, etc. Last day for publication of valid nominations Day of Election .... First Meeting of Provisional Council. Last day for sending in claims against candidate for election expenses. Last day for transmission of claims against returning officer. Last day for payment of candidate's election ex- penses. Last day for transmission of returning officer's account. Last day for agent's return to candidate of election ex- penses. Last day for candidate's re- turn and declaration re- specting election expenses. Last day for application to tax returning officer's ac- count. 1888. Mon., 31 Dec. 1889. Mon., 7 Jan., at 4.59 I'.M.'' Mon., 7 Ian., at 4.59 V.M. Mon., 7 Jan., Tues., 8 Jan., at 2 I'.M. Tues., 8 Jan., 2 to 4 I'.M. Wed., 9 Jan. 1883. Mon., 31 Dec. Ifc89. Mon., 7 Jan., at 4.59 i-.M. Mon., 7 Jan., at 4.59 P.M. Mon., 7 Jan. Tues., 8 Jan., at 2 r..M. Tues., 8 Jan., 2 to 4 P.M. Thurs., 10 Jan, Sat., 12 Jan. j Sat., 12 Jan. f Mon., 14 Jan. Tues., 15 Jan. Thurs., 24 Jan. Thurs., 24 Jan. Mon., 28 Jan. Tues., 29 Jan. J Mon., 4 Feb. 1888. Mon., 31 Dec. 1889. Tues., 8 Jan., at 4.59 I'.M. Tues., 8 Jan. at 4.59 l'..M. Tues., 8 Jan. Wed., 9 Jan., at 2 I'.M. Wed., 9 Jan., 2 to 4 I'.M. Fral., II Jan. Mon., 14 Jan. 1888. Mon., 31 Dec. 1889. Wed., 9 Jan., at 4.59 i'.M. Wed., 9 Jan., at 4.59 I'.M. Wed., 9 Jan. Thurs., 10 J an., at 2 I'.M. Thurs., 10 Jan., 2 to 4 P.M. Sat., 12 Jan. Tues., 15 Jan. "Wed., 16 Jan. Thurs., 17 Jan. Thurs., 24 Jan. Thurs., 81 Jan. Tues., 29 Jan. Wed., 30 Jan.; Tues., 5 Feb. Wed., 30 Jan. Thurs., 31 Jan. Tues., 5 Feb.:! Wed., 6 Feb. J Wed., 6 Feb. \ Thurs., 7 Feb. Mon., II Feb. I Tues., 12 Feb. Tues., 5 Mar. [ Wed., 6 Mar. Ihurs., 31 Jan.; Frid., I Feb.; Wed., 6 Feb. Thurs., 7 Feb.; Frid., 8 Feb. Wed. 13 Feb. Thurs., 7 Mar. Thurs., 7 Feb. Frid., 8 Feb.; Sat., 9 Feb. Thurs., 14 Feb. Frid., 8 Mar, "* "Seven days at least before the day of election," makes Sunday, 6 Jan., primd Jacu\ the last day for delivery of nomination papers, and Monday, 7 Jan., is therefore substituted ; see ante, p. no. t This publication should be made on this day instead of on Monday 14 Jan., because in the latter case a day does not intervene between the publication and the election ; see ante, p. 107. ; These days are calculated on the assumption that the " return of the persons elected " is made on the day after the day of election, or on the Monday, where the day after the day of election is a Sunday. 170 Twic Tables for the First Election. Last day for notice of election Last day and hour for delivery of nomination papers. Last day and hour for de- livery of appointment of candidate's representative. Notice of nominations to be sent to each candidate. Last day and hour for delivery of notice of candidate's •withdrawal. Adjudication on objections to nomination papers. Last day for notice of situa- tion, etc., of polling places, etc. Last day for publication of valid nominations. Day of Election .... First Meeting of Provisional Council. Last day for sending in claims against candidate for election expenses. Last day for transmission of claims against returning officer. Last day for payment of candidate's election ex- penses. Last day for transmission of returning officer's account. Last day for agent's return to candidate of election ex- penses. Last day for candidate's re- turn and declaration re- specting election expenses. Last day for application to tax returning officer's ac- count. 1888. Mon., 31 Dec. 1889. Thurs., 10 Jan., at 4.59 P.M. Thurs., 10 Jan., at 4.59 P.M. Thurs., 10 Jan. Frid., II Jan., at 2 P.M. Frid., II Jan., 2 to 4 P.M. Mon., 14 Jan.f Wed., 16 Jan. Frid., 18 Jan. Thurs., 31 Jan. Frid., I Feb. Sat., 2 Feb.§ Frid., 8 Feb. Sat., 9 Feb.§ Sun., 10 Feb. II Frid., 15 Feb. Sat., 9 Mar. 1888. Mon., 31 Dec, 1889. Frid., II Jan., at 4.59 P.M. Frid., II Jan., at 4.59 P,M, Frid., II Jan. Sat., 12 Jan., at 2 P.M. Sat., 12 Jan., 2 to 4 P.M. Mon., 14 Jan. Thurs., 17 Jan. Sat., 19 Jan. Thurs., 31 Jan. Sat., 2 Feb. Mon., 4 Feb.§ Sat., 9 Feb, 1888. Mon., 31 Dec. 1889. Mon., 14 Jan., at 4.59 P.M.* Mon., 14 Jan., at 4.59 P.M. Mon., 14 Jan. Tues., 15 Jan,, at 2 p,M. Tues., 15 Jan., 2 to 4 P.M. Wed., 16 Jan. Sat., 19 Jan. Mon., 21 Jan. Thurs., 31 Jan. Mon,, 4 Feb. Tues., 5 Feb.§ Mon., II Feb. Mon., II Feb.§Tues., 12 Feb.§ Mon., II Feb Sat., 16 Feb. Mon., II Mar. Wed., 13 Feb. Mon., 18 Feb. Tues., 12 Mar. 1888. Mon., 31 Dec. 1889. Mon., 14 Jan., at 4.59 P.M. Mon., 14 Jan., at 4.59 P.M. Mon., 14 Jan. Tues., 15 Jan., at 2 P.M. Tues., 15 Jan., 2 to 4 P.M. Thurs., 17 Jan. Sat., I9jan.j Tues., 22 Jan. Thurs., 31 Jan. Tues., 5 Feb. Wed., 6 Feb.§ Tues., 12 Feb. Wed., 13 Feb.§ Thurs., 14 Feb. Tues., 19 Feb Wed., 13 Mar. * " Seven days at least before the day of election," makes Sunday, 13 ^^xv., prima facie, the last day for delivery of nomination papers, and Monday, 14 Jan., is therefore substituted ; see ante, p. no, t " At least four days before the day of election," makes Sunday, 13 Jan,, primd facie, the last day for giving this notice, and Monday 14 Jan., is therefore substituted ; see ante, p. no. X This publication should be made on this day instead of on Monday, 21 Jan., because in the latter case a day does not intervene between the publication and the election ; see afite, p. 107. § These days are calculated on the assumption that the "return of the persons elected" is made on the day after the day of election, or on the Monday, where the day after the day of election is a Sunday. II As this day is a Sunday, it will be better to make this return on the previous Saturday. Time Tables for the First Election. 171 Last day for notice of election Last clay and hour for delivery of nomination papers. Last day and hour for de- livery of appointment of candidate's representative. Notice of nominations to be sent to each candidate. Last day and hour for delivery of notice of candidates' withdrawal. Adjudication on objections to nomination jiapers. Last day for notice of situa- tion, etc., of polling places, etc. Last day for publication of valid nominations. Day of Election .... First Meeting of Frovisional Council. Last day for sending in claims against candidate for election expenses. Last day for transmission of claims against returning officer. Last day for payment, of candidate's election ex- penses. Last day for transmission of returning officer's account. Last day for agent's return to candidate of election ex- penses. Last day for candidate's re- turn and declaration re- specting election expenses. Last day for application to tax returning officer's ac- count. 1888. Mon., 31 Dec. 1889. Tues., 15 Jan., at 4.59 P.M. Tues., 15 Jan., at 4.59 r.M. Tues., 15 Jan. Wed., 16 Jan., at 2 P.M. Wed., 16 Jan., 2 to 4 P.M. Frid., 18 Jan. Mon., 21 Jan. Wed., 23 Jan. Thurs., 31 Jan. Wed., 6 Feb. 1888. 1888. 1888. Mon., 31 Dec. ! Mon., 31 Dec. Mon., 31 Dec. 1889. ; 1889. I 1889. Wed., 16 Jan., Thurs., 17 Jan., Frid., 18 Jan., at 4.59 P.M. I at 4.59 P.M. j at 4.59 P.M. Wed., 16 Jan., jThurs., 17 Jan., | Frid., 18 Jan., at 4.59 P.M. at 4.59 P.M. Wed., 16 Jan. ! Thurs., 17 Jan. Thurs., 17 Jan., at 2 P.M. Thurs., 17 Jan., 2 to 4 P.M. Sat., 19 Jan. Tues., 22 Jan, Thurs., 24 Jan Thurs., 7 Feb. Thurs., 7 Feb. Frid., 18 Jan., at 2 P.M. Frid., iS Jan., 2 to 4 P.M. Men., 21 Jan.* at 4.59 P.M. Frid., 18 Jan. Sat., 19 Jan., at 2 P..M. Sat., 19 Jan., 2 to 4 P.M. Mon., 21 Jan. Wed., 23 Jan. Thurs., 24 Jan. Thurs., 7 Feb.t Frid., 8 Feb. Wed., 13 Feb. Thurs., 14 Feb Frid., 25 Jan. Thurs., 7 Feb. Frid., S Feb. Sat., 26 Jan. Thurs., 7 Feb. Sat., 9 Feb. Sat., 9 Feb.t Mon., II Feb.f Frid., 15 Feb. Sat., 16 Feb. Thurs., i4Feb.tFrid., 15 Feb.f Sat., 16 Feb.f Mon., 18 Feb.f Frid., 15 Feb. Wed., 20 Feb. Thurs., 14 Mar. Sat., 16 Feb. Thurs., 21 Feb. Sun., 17 Feb.J \ Mon., 18 Feb. Frid., 22 Feb. 1 Sat., 23 Feb. Frid., 15 Mar. Sat., 16 Mar. Mon., 18 Mar. * " At least four days before the day of election," makes Sunday, 20 Jan., primii facie, the last day for giving this notice, and Monday, 21 Jan., is therefore substituted ; see ante, p. 1 10. f These days are calculated on the assumption that the " return of the persons elected " is made on the day after the day of election, or on the Monday, where the d.iy after the day of election is a Sunday. X As this day is a Sunday, it will be better to make this return on the previous Saturday. 1/2 Time Tables for the First Election. Last day for notice of election Last day and hour for delivery of nomination papers. Last day and hour for de- livery of appointment of candidate's representative. Notice of nominations to be sent to each candidate. Last day and hour for delivery of notice of candidate's withdrawal. Adjudication on objections to nomination papers. Last day for notice of situa- tion, etc., of polling places, etc. Last day for publication of valid nominations. Bay of Election .... Pirst Meeting of Provisional Council. Last day for sending in claims against candidate for election expenses. Last day for transmission of claims against returning officer. Last day for payment of candidate's election ex- penses. Last day for transmission of returning officer's account. Last day for agent's return to candidate of election ex- penses. Last day for candidate's re- turn and declaration re- specting election expenses. Last day for application to tax returning officer's ac- 1888. I Mon., 31 Dec. 1 1889. Mon., 21 Jan., at 4.59 P.M.* Mon., 21 Jan., at 4.59 P.M. Mon., 21 Jan. Tues., 22 Jan., at 2 P.M. Tues., 22 Jan., 2 to 4 P.M. Wed., 23 Jan. Sat., 26 Jan. Hon., 28 Jan. Thurs., 7 Peb. Mon., II Feb. Tues., 12 Feb.J Mon., 18 Feb. Tues., 19 Feb.J Wed., 20 Feb. Mon., 25 Feb. Tues., 19 Mar. 1888. Mon., 31 Dec. 1889. Mon., 21 Jan., at 4.59 P.M. Mon., 21 Jan., at 4.59 P.M. Mon., 21 Jan. Tues., 22 Jan., at 2 P.M. Tues., 22 Jan., 2 to 4 P.M. Thurs., 24 Jan. Sat., 26 Jan.f Tues., 29 Jan. Thurs., 7 Feb. Tues., 12 Feb. 1888. Mon., 31 Dec. 1889. Tues., 22 Jan., at 4.59 P.M. Tues., 22 Jan., at 4.59 P.M. Tues., 22 Jan. Wed., 23 Jan., at 2 P.M. W^ed., 23 Jan., 2 to 4 P.M. Frid., 25 Jan. Mon., 28 Jan. Wed., 30 Jan. Thurs., 7 Feb. W'ed., 13 Feb. Wed., 13 Feb.J Thurs., 14 Feb.J Tues., 19 Feb. Wed., 20 Feb. Wed., 20 Feb.J Thurs., 21 Feb. Tues., 26 Feb. Wed., 20 Mar. Thurs., 21 Feb.J Frid., 22 Feb. Wed., 27 Feb. Thurs., 21 Mar. 1888. Mon., 31 Dec. 1889. Wed., 23 Jan., at 4.59 P.M. Wed., 23 Jan., at 4.59 P.M. Wed., 23 Jan. Thurs., 24 Jan., at 2 P.M. Thurs., 24 Jan., 2 to 4 P.M. Sat., 26 Jan. Tues., 29 Jan. Thurs., 31 Jan. Thurs., 14 Feb. Thurs., 14 Feb. Frid., 15 Feb.J Thurs., 21 Feb. Frid., 22 Feb.J Sat., 23 Feb. Thurs., 28 Feb. Frid., 22 Mar. * "Seven days at least before the day of election," makes Sunday, 20 ]z.n., pritnd facie, the last day for delivery of nomination papers, and Monday, 21 Jan., is therefore substituted ; see ante, p. 110. t This publication should be made on this day instead of on Monday, 28 Jan., because in the latter case a day does not intervene between the publication and the election ; see a^ite, p. 10". J These days are calculated on the assumption that the "return of the persons elected " is made on the day after the day of election, or on the Monday, where the day after the day of election is a Sunday. ( ^7Z ) CHAPTER XVIII. THE COUNTY ALDERMEN. CiiAi'. XVIlf. Qualification . 173 Election — continued. Exemption from sefZ'ice Declaration of result . Number . M Casting vote Election . ,, Misnomer or inaccurate de- First election ,, scription Subsequent elections 174 Custody of voting papers Chairman of meetin<^ . ,, Failure to elect . Voters • 175 Office . . . . Voting papers . 176 Vacating office . Number of votes J) Term of office Contents of voting paper J> Retirement of first county Signing . aldermen Delivery • 177 In future years Amendment and re-deliver^ V ,. Re-elegibility Reading the voting papers >» Continuance in office . 178 179 180 The county aldermen shall be fit persons elected by Qualifica- the county council (M.C.A. s. 14, sub. i), but a person ^'°^J shall not be qualified to be elected or to be a county alderman unless he is a county councillor, or qualified to be a county councillor (t'd. sub. 3). The county aldermen may therefore be elected from among the persons already elected county councillors, or from persons not elected, but who are qualified to be elected and to be, county councillors. As to who are such persons, see anife, p. 17. The same persons are exempt from service as county Exemption aldermen as are exempt from service as county coun- "^""^ service, cillors, as to which see antt% p. 47. The number of county aldermen shall be one third of Number. the number of county councillors (M.C.A. s. 14, sub. 2). The provisional councillors shall at their first meeting, Election. or at some adjournment thereof, proceed to elect the p.^^^^ electioi 1/4 The County Aldermen. Subsequent €lections. Chap. XVIII. county aldermen in like manner as if they were a fully constituted county council (L.G.A. s. 105, sub. 3). The first meeting of the provisional councillors is held on the second Thursday next after the day fixed for the first election {ib. sub. 2, and see ante, p. 109) ; and they must then, after electing their chairman (as to which see post, p. 181) elect the county aldermen by voting papers in the same manner in every way as county aldermen will be elected at subsequent elections and in subsequent years. In future years the ordinary day of election shall be the 7th of November (M.C.A. s. 60, sub. i ; L.G.A. s. 75, sub. 13) ; and the election shall take place at the quarterly meeting of the county council held on that day at noon, and immediately after the election of chairman of the county council (M.C.A. s. 60, subs. 1,2; sch. II. r. 2). If the 7th of November falls on a Sunday, the election may be held on the next day after, not being a day appointed for public fast, humili- ation or thanksgiving {ib. s. 230, sub. 2). If the election of aldermen precedes the election of the chairman, it is void {R. V. McGoivan, 11 A. & E. 885 ; R. v. Dudley, ib. 886). No business inconsistent with these elections can be transacted or discussed prior thereto {R. v. Parkyns, 3 B. & A. 668). No motion, not even for adjournment, should be entertained until after these elections have been held ; until then the county council is incomplete and incompetent to transact any other business. The chairman at the meeting at which the first county aldermen are elected is the chairman elected by the provisional councillors at their first meeting (L.G.A. s. 105, sub. 3 ; and see further hereon, post, p. 181). At future elections the chairman of the county council, if present, shall be the chairman ; if he is absent, then the vice-chairman, if chosen for that purpose by the members of the council then present, shall be chairman ; if both the chairman of the county council and the vice- chairman are absent, or the vice-chairman, being present, is not chosen, then such county alderman, or in the absence of all the aldermen, such county councillor, as Chairman of meeting. The County Aldermen. 175 the members of county council then present choose, Chap. XVIII. shall be chairman (AI.C.A. sch. II. r. 9). Until there is a chairman there can be no casting vote, and if therefore the meeting (not being the first or second meeting of the provisional council, see L.G.A. s. 107, subs. 6, 4) is equally divided as to the choice of a chairman, no progress can be made until some one person withdraws his vote. There seems to be nothing illegal or improper in a chairman, who is a candidate for an aldcrmanic vacancy, presiding as chairman at his own election (see R. v. Stanley, 11 A. & E. 882). Every person entitled to vote may vote (M.C.A. s. 60, Voters. sub. 4) ; that is, every member of the county council present {ib. sch. II. r. 10), except the county aldermen, who shall not, as such, vote in the election of a county alderman (L.G.A. s. 2, sub. 2, c). This subsection of the L.G.A. was not in the Bill as introduced, it was inserted in committee in the Commons, but without the words "as such," which words were afterwards added on the report stage in that House. The provision is a repeal of, and in substitution for, M.C.A. s. 60, sub. 3, and so far as it prohibits a county alderman from voting in the election of a county alderman its object and effect are clear. But the effect of the words of limitation " as such," is not so clear, although their object appears to have been to preserve to the county alderman any other title to vote that he may possess, so that if he can vote without voting as alderman, he may be enabled to do so. But a person cannot hold two incompatible offices at one and the same time, and the right of election to the office of county alderman is vested in members of the county council other than county aldermen. Now a county aklcrman when elected a county councillor vacates his' office of county alderman {sqc post, p. 179) because the one office is incompatible with the other ; he can then vote, but he votes as county councillor, not as county alderman. It has also been held that a mayor, who as .outgoing alderman cannot vote in the election of a borough alderman (M.C.A. s. 60, sub, 3), has no original 176 The County Aldermen. Voting papers. Number of votes. Chap. XVIII. vote as mayor at the election of a borough alderman {R. V. Stanley, 1 1 A. & E. 886 ; ace. Hounsell v. Suttill, 19 Q. B. D. 498) ; and, by analogy therefore, a chairman of a county council, being a county alderman, cannot vote at the election of a county alderman. It thus seems im- possible to imagine a case in which a county alderman can vote at the election of county aldermen without voting as a county alderman, and if so the words " as such " in L.G.A. s. 2, sub. 2, c. are inoperative and of no effect. The votes are given by voting papers (M.C.A. s. 60, sub. 4), which must be in writing, and may therefore be partly in writing and partly in print (L.G.A. s. 99, as in Summers v. Moorho7ise, 13 Q.B.D. 388). Every person entitled to vote may vote for any number of persons not exceeding the number of vacancies (M.C.A. s. 60, sub. 4) ; every person may therefore vote for as many persons as there are vacancies, or for any less number, or for one only. But if a voter fills up his voting paper with a greater number of names than there are vacancies, it is void. The voting paper must contain the surnames and voting paper, other names, and places of abode and descriptions, of each of the persons for whom the voter votes (M.C.A, s. 60, sub. 4). As to what is a surname, see ante; p. 95. The Christian names of the person voted for need not be written at full length, a contraction in ordinary use and commonly understood is sufficient {R. V. Bradley, 3 E. & E. 634), and so perhaps are initials {R. v. Plenty, L. R. 4 Q. B. 346 ; but see Mather v. Broivn, I C.P.D. 596) ; but a surname alone without any other names is clearly insufficient (M.C.A. s. 60, sub. 4 ; and see R. V. Mayor, etc., of Wilton, 34 W. R. 273). As to what is a person's place of abode, see ante, p. 95 ; and as to what is his description, see ante, p. 97. A voting paper which does not give place of abode and description is bad (see R. v. Mayor, etc., of Wilton, 34 W. R. 273). The voting paper must be signed, (M.C.A. s. 60, sub. 4), but the statute does not require it to be subscribed {cf. ib. sch. III. part II. r. 2 ; and ante, p. 97). To " sign " Contents of Signing. The County A Identic Ji. 177 is to mark or ratify by writing one's name, and a CiiAr. XViil, voting paper commencing "I. A. B.," if in the voter's handwriting, is probably well signed although it be not subscribed {Knight v. Crock ford, i Esp. 190 ; Taylor v. Dobbins, i Stra. 399 ; Saundcrson v. Jackson, 2 B. & P. 239). The voter's usual signature is sufficient {R. v. Avery, 18 Q. B. 576 ; R. v. Mayor of Hartlepool, 2 L. M. & P. 666), and it is therefore sufficient if he signs his surname in full and his Christian names by initials. But signature is essential ; a voting paper not signed but approved by the voter is insufficient {Hounscll v. Suttill, 19 O. B. D. 501). And the signature must be personal, and not by agent or procuration (see Toms v. Cuming, 7 M. & G. 88 ; I Lutw. 200). The voting paper must be personally delivered by the Delivery, voter to the chairman at the meeting (M.C.A. s. 60, sub. 4) ; the voter must not pass it by other hands to the chairman {R. v. Mayor, etc., of Wilton, 34 W. R. 273). The chairman, if entitled to vote, places his own voting paper with the other voting papers {Hounsell v. Suttill, 19 O. B. D. 499). On delivery of a voting paper it is the chairman's duty to ascertain two things ; first, that it is a voter who delivers the voting paper ; and secondly, that he has signed it {Summers v. Moorhouse, 13 O. B. D. 391). Where a voting paper commenced " I. A. B.," but was signed by C. D., and it appeared that the name A. B. was inserted in order that the voting paper might be used by A. B., but by inadvertence it was delivered to C. D., who signed and delivered it to the chairman, it was held that the vote was valid, and that evidence was admissible, and Avas rightly received, to explain the .ambiguity, and the circumstances under which the vote was given {ib.). An informal voting paper may, it is submitted, be Amendment withdrawn, and amended, and re-delivered to the chair- fi"||y^r'. man, so as to make it a valid " voting paper," at any time before the chairman has declared who are elected. As soon as all the voting papers have been delivered Reading the to the chairman, he shall openly produce and read them, ^^''"S papers. N 178 The Comity Aldermen. Chap. XVIII. Declaration of result. CastinjT vote. Misnomer or inaccurate description. Custody of voting papers Failure to elect. or cause them to be read (M.C.A. s. 60, sub. 5). The votes given to each person must then be added together, and the persons, not exceeding the number of vacancies, who have the greatest number of votes, shall be declared by the chairman to be, and thereupon shall be, elected {ib. sub. 7). The election is complete and ended as soon as this declaration of the chairman has been made; but the persons elected cannot act until they have accepted office, and have made and subscribed the statutory declaration (as to which, s.te post, p. 186). In case of equality of votes at the first meeting of the provisional county council, the chairman of the meeting shall have a second or casting vote (L.G.A. s. 107, sub. 4). In future elections in case of equality of votes, the chairman, although as an alderman or otherwise not entitled to vote in the first instance, shall have the casting vote (M.C.A. s. 60, sub. 6). This casting vote is given by word of mouth. No misnomer or inaccurate description of any person or place named in any voting paper shall hinder the full operation of the M.C.A. with respect to that person or place, provided the description of that person or place be such as to be commonly understood (M.C.A. s. 241). As to what is " commonly understood," see ante, p. 91). After the voting papers have been produced and read by the chairman, he shall deliver them to the clerk of the county council to be kept for twelve months (M.C.A. s. 60, sub. 5 ; L.G.A. s. 75, sub. 5). At the expiration of that time, the voting papers may, it would seem, be destroyed by the clerk of the county council. If the election is not held on the appointed day, it may be held on the day next after that day (M.C.A. s. 70, sub. i) ; if not held on the latter day, the High Court may grant a mandamus for the election to be held on a day appointed by the Court {ib. sub. 2 ; and see R. v. Mayoi', etc., of Wilton, 34 W. R. 273), and public notice must in that case be given (M.C.A. s. 70, sub. 3, and see ante, p. 91). Thus, if the majority of the council decline to proceed to an election on the proper day, an election by the minority is no election, and the The County Aldermen, 179 court will i^rant a mandamus for the holding of a new Chap. XVIII. election {R. v. Mayor, etc., of Bradford, 20 L. J. O. B. 227). If a county councillor is elected to, and accepts, the Office. office of county alderman, he vacates his office of county Vacatinc councillor (M.C.A. s. 14, sub. 4) ; and if a county alder- office. man is elected to, and accepts the office of county councillor, he vacates his office of county alderman {R. V. Mayor, etc., of Bangor, 1 8 O. B. D. 349 ; but see S. C. in H. L. sub. nom. PritcJiard v. Mayor, etc., of Bangor, 13 App. Cas. 241). The term of office of a county alderman, other than the Term of office county aldermen first elected, shall be six years (M.C.A. .s. 14, sub. 5). The term begins on the day of the county alderman's election (7th of November), and ends on that day six years {ib. sub. 6). As to the term of office of an alderman elected to fill a casual vacancy, see ib. s. 40, sub. I. Of the first county aldermen, one half shall retire on Retiremeni of the ordinary day of election of county aldermen in the ^jermeU!^ third calendar year next after the passing of the L.G.A., and the one half who are so to retire shall be determined by ballot by the provisional councillors at the time of the election of the county aldermen ; provided that where the total number of aldermen is not divisible by two, the larger half shall first retire (L.G.A. s. 104, subs. 2, 4). The ordinary day of election is the 7th of November {ib. s. 75, sub. 13), and the first retirement of county aldermen will therefore be on the 7th of November, 1891. The first election of county aldermen will take place at the first meeting of the provisional councillors, or at some adjournment thereof {ib. s. 105, sub. 3, and see ante, p. 173), and the ballot to determine which aldermen are first to retire will then take place. The remaining half of the first county aldermen shall retire on the ordinary day of election of county aldermen in the sixth calendar year next after the passing of the L.G.A. (L.G.A. s. 104, subs. 3, 4), i.e. on the 7th of November, 1894. N 2 i8o The County Aldermen. In future years. Chap. XVIII. In future years on the ordinary day of election of county aldermen in every third year, one half of the whole number of county aldermen shall go out of office, and their places shall be filled by election (M.C.A. s. 14, sub. 6). The half to go out shall be those who have been county aldermen for the longest time without re- election {ib. sub. 7). A person ceasing to hold a corporate office shall, unless disqualified to hold the office, be re-eligible (M.C.A. s. -^J). County aldermen shall, during their office, continue to be members of the county council, notwithstanding any- thing in the M.C.A. as to county councillors going out of office at the end of three years (M.C. A. s. 38 ; and see Frost v. Mayor, etc., of Chester, 5 E. & B. 531 ; 7?. v. Owens, 2 E. & E. 86). Re-eligibility. Continuance in office. ( i8r ) CHAPTER XIX. CiiAP. XIX. THE CHAIRMAN OF THE COUNTY COUNCIL. Qualijuation . . .181 Exemption from se>-vice . • „ Chairmaji of the first meeting of the provisional councillors , , Chairman of the second meeting 182 Casting ''ote . . . • ,, Filling np vacancy . • 1 83 Subsequent elections . • ,, Voters . . . . ,, IFhen a county alder/nan can vote Failure to elect . Term of office Remimeration Justice of the peace ex officio Precedetice Re-clegibility . Continuance in office 183 184 The chairman of the county council shall be a fit person Qualification, elected by the county council from among the county aldermen or county councillors, or persons qualified to be such (M.C.A. s. 15, sub. i), and an outgoing county alderman is eligible (id. sub. 2). The words "persons qualified to be such," enable a qualified person to be elected from outside the county council, and thus to add one to the number of the county council. As to who are qualified to be county councillors, see aufe, p. 17 ; and as to who are qualified to be county aldermen, see a7ite, p. 173. The same persons are exempt from service as chair- Exemption man of a county council as are exempt from service as ^'^^^ Semce. county councillors, as to which, see auU, p. 47. The provisional councillors shall, at their first meeting, chairman of elect one of their number to be chairman of that meeting the first J meetmg of the and of the second meeting (L.G.A. s. 105, sub. 3) ; and provisional where an equal number of votes is given to two or more councillors, persons, the meeting shall determine by lot which of these persons shall be chairman (id. s. 107, sub. 4). The person so elected is a mere temporary chairman selected 1 82 The Chairman of the County Conncil. Chairman of the second meeting. Casting vole. Chap. XIX. from the elected provisional councillors ; he need not possess the qualification of a permanent chairman, and holds office merely during the first meeting and until a new chairman is elected by the county councillors and county aldermen at the second meeting. The provisional council shall, at their second meeting, or some adjournment thereof, proceed to elect as their chairman a person qualified to be chairman of the county council, and the person elected chairman shall be chairman of the provisional council, and also, on and after the appointed day, of the county council (L.G.A. s. 105, sub. 4). The appointed day, is the 1st of April, 1889, or such other day, earlier or later, as the Local Government Board may appoint {ib. s. 109, sub. i). In case of equality of votes at the first or second meeting of a provisional county council, the chairman of the meeting shall have a second or casting vote (L.G.A. s. 107, sub. 4). Li future elections, in case of equality of votes, the chairman, although not entitled to vote in the first instance, shall have the casting vote (M.C.A. s. 61, sub. 4). This casting vote is given by word of mouth. An outgoing chairman of a county council has an original as well as a casting vote in the election of chairman. He is a member of the county council (M.C.A. s. 10, sub. 2), and continues in office until his successor has accepted office {ib. s. 15, sub. 3): he is, therefore, at the time of election a member of the county council, and as such entitled to an original vote {ib. sell. II. r. 10). He, also, if presiding as chairman of the meeting, has a casting vote {ib. s. 61, sub. 4, and sch. II. r. 11). It is difficult to give effect to the words "although not entitled to vote in the first instance" {ib. s. 61, sub. 4), because it is impossible to imagine a chairman who has no original vote ; but on comparing this sub- section with s. 60, sub. 6, and with 7 Will. IV., & I Vict. c. J'i, s. 14, it seems clear that the sub-section (M.C.A. s. 61, sub. 4), was intended to be an enabling and not a disabling enactment. TJie CJiairnian of the County Cuuncil, 183 The provisional council may from time to time fill Ciiap. XIX. any vacancy in the office of chairman of the provisional ,..„. ■' ■' ^ r illing up council (L.G.A. S. 105, sub. 4). vacancy. In future years the ordinary day of election of chair- Subsequent man of the county council shall be the 7th of November elections. (M.C.A. s. 61, sub. I ; L.G.A. s. 75, sub. 13), and the election of such chairman shall be the first business transacted at the quarterly meeting of the county council held on that day (M.C.A. s. 61, sub. 2), at noon {ib. sell. II. r. 2). The election of chairman of the county council must precede that of county aldermen ; if the latter precedes the former it is void, and no business inconsistent with this election can be transacted or discussed prior thereto (see ante, p. 174). As to who shall be the chairman of the meeting at these subsequent meetings, see M.C.A, sch. II. r. 9, and ante, p. 174. The persons voting are the members of the county voters, council who are present at the meeting, not being less than one-third of the number of the whole county council (M.C.A. sch. II. r. 10), except that an out- When a woiner county alderman shall not, as alderman, vote *^°""*y &> t> ^^ J > ) alderman can in the election of a chairman (L.G.A. s. 75, sub. 10) of vote, the county council. This supersedes the contrary pro- vision contained in M.C.A. s. 61, sub. 3. As to the effect of the above words " as alderman," see the remarks ante, p. 175, on the words " as such " in the correspond- ing provision (L.G.A. s. 2, sub. 2, c). A county alder- man, who is not an outgoing alderman, can vote in the election of a chairman, although he cannot, as such, vote in the election of a county alderman (see ante, p. I75)- The provisions applicable where there is a failure to Failure to hold an election of a chairman of a county council are ^ ^^'^' the same as in the case of a failure to hold an election of county aldermen, as to which, see ante, p. 178. The term of office of the first chairman of the county Termofoftice. council shall end on the next ordinary day of election of chairmen (L.G.A. s. 105, sub. 4) i.e. the 7th November, 1889, but he shall continue in office until his successor has accepted office and has made and subscribed the required declaration (M.C.A. s. 15, sub. 3). The term 1 84 The Chairman of the County Council. Remunera' tion. Justice of the peace, ex officio. Chap. XIX. of office of the second and subsequent chairmen shall be one year {ib.). As to this declaration, see post, p. i86. A chairman who is an outgoing councillor continues to be a member of the county council ex officio, and until his successor has taken office {R. v. Oivens, 2 E. & E. 86). The chairman of the county council may receive such remuneration as the county council think reasonable (M.C.A. s. 15, sub. 4). This may be by salary, or by fixed sum voted at one time or from time to time, or in any other manner that the county council think reasonable. The chairman of the county council shall, by virtue of his office, be a justice of the peace for the county, but before acting as such justice, he shall, if he has not already done so, take the oaths required by law to be taken by a justice of the peace, other than the oath respecting the quahfication by estate (L.G.A. s. 2, sub. l,b). These oaths are the oath of allegiance and the judicial oath (31 & 32 Vict. c. 72, s. 6), which oaths shall be taken before such persons as her Majesty may appoint (34 & 35 Vict. c. 48, s. 2). Under this statute, an order has been made (see Home Office circular, dated 25th November, 1882) appointing that these oaths may be taken by the mayor of any borough before two justices of the peace of such borough, or, if there are not two such justices, then before any two councillors of such borough. No similar order has yet been made in respect of chairmen of county councils, and there seems to be nothing in the L.G.A. to apply this order to that Act. The chairman of the county council has no prece- dence in the county, M.C.A. s. 15, sub. 5, and s. 155, sub, 2, not being applied to the L.G.A. (see L.G.A. s, 75, and ib. sub, 16, b). Re-eligibility. A person ceasing to hold the office of chairman shall, unless disqualified to hold the office, be re-eligible (M,C.A. s. 37). The chairman of the county council shall, during his office, continue to be a member of the county council. Precedence. Continuance in office. The CJtairman of t/ic County Council. 185 notwithstanding anything in the M.C.A as to councillors Chat. XIX, going out of office at the end of three years (M.C.A. s. 38 ; and see Frost v. Mayor, etc., of Chester, 5 E. & B. 531 ; R.w Oiuens, 2 E. & E. 86). Where the chairman of a county council is one of the county councillors who goes out of office on the 1st November, he causes a vacancy in the number of county councillors, although as chairman he continues a member of the county council until his successor has accepted office {R. V. Oivens, 2 E. & E. 86). ( 186 ) Chap. XX. CHAPTER XX. ACCEPTANCE AND RESIGNATION OP OFFICE AND LOSS OF QUALIFICATION. Declaration on acceptance Fine for non-acceptafice Taking the declai-ation . Limit of time Notice of election. Persons exempt from the fine ACCEPTANCE OF OFFICE. 1 86 Exemptionfrom service by reason , , of payment of fine 187 Acting in the office -with out first making the declaration . 188 Action for the fine . II. Notice of resignation Fine on resignation Who can resign RESIGNATION OF OFFICE. . 190 When resignatioji is complete Wtthdraiuing resigfiation Declaring the office vacaiit 1S8 189 190 191 III. LOSS OF QUALIFICATION. Fine for acting ivhen disqnali fied .... Cesser of registration Cesser of residence . Bankr^iptcy, ^c, and con tinnous absence Cesser of disqualification 19: 193 194 194 Provision in Bankruptcy Act, 1883 . Continuous absence Fine . . . . ,, Declaring the ofi^ce vacant . ,, Validity of acts of person in office 195 Contestitig the qualification , ,, I. Acceptance of Office. Declaration on Every qualified person elected to the office of county acceptance, councillor, county alderman, or chairman of the county council, unless exempt under M.C.A. s. 34, or otherwise by law, either shall accept the office by making and subscribing the declaration required by the M.C.A. Fine for non- within ten days after notice of election, or shall, in lieu acceptance, thereof, be liable to pay to the county council a fine of such amount not exceeding, in case of a county alder- man, or county councillor, fifty pounds ; and in case of a chairman of the county council, one hundred pounds, as the county council by bye-law determine (M.C.A. s. 34, Acceptance of Office. 187 sub. I ; L.G.A. s. 75, sub. 14). If" there is no bye-law Chap. XX. determining fines, the fine, in case of a county alderman or county councillor, shall be twenty-five pounds, and, in case of a chairman of the county council, fifty pounds (M.C.A. s. 34, sub. 2). The fine is recoverable summarily {ib. sub. 4) ; and nothing in the M.C.A. as applied by L.G.A. s. 75 shall alter the application of the fine (L.G.A. s. 75, sub. 16, a). A bye-law may fix a nominal sum as the fine. As to who is qualified to be elected to the office of county councillor, see ante, p. 17 ; as to who is qualified to be elected to the office of county alderman or chair- man of the county council, see ante, pp. 173, 181 ; and as to who are exempt, see ante, pp. 47, 181. The form of declaration is Form A in M.C.A. Taking the sch. VIII., and No. 6, post, p. 233. The declaration must state the property or rating qualification in cases where the declarant is elected as a person entered on the non- resident list (see ante, pp. 22, 23), and the property qualification where he is elected as a peer or registered parliamentary voter (see ante, pp. 18, 19). The declara- tion must be made and subscribed before two members of the county council, or the clerk of the county council, and, until so made and subscribed, no person elected to any of the above offices can act in the office to which he is elected, except in administering that de- claration (M.C.A. s. 35 ; L.G.A. s. 75, sub. 5). The two memlDcrs of council, or the clerk of the county council, before whom the declaration is made, have full authority to receive and administer the same (M.C.A. s. 239). But they may refuse to receive or administer the declaration, if satisfied of the disqualification of the person applying to make it, and they cannot, under such circumstances, be compelled by mandamus to receive or administer it {R. v. Greene, 2 O. B. 460). There is nothing which requires the declaration to be made and subscribed within the limits of the county, and it may therefore be made and subscribed anywhere. Sundays are included in calculating the above ten Limit of time, days, but if the last day falls on a Sunday, the 1 88 Acceptance of Office. Chap. XX. Notice of election. Persons exempt from the fine. Exemption from service by reason of payment of fine. declaration may be made and subscribed on the following day, not being a day of public fast, etc. (M.C.A. s. 230, subs. 2, 3). It is submitted that the limit of ten days is not mandatory or absolute, and that the person may make and subscribe the declaration after the ten days have expired, if he does so before payment of the fine has been enforced, and before any notice of the vacancy has been given under M.C.A. s. 66, sub. I (see R. v. Preece, 5 O. B. 94, and see M.C.A. s. 41, sub. I, post, p. 189). The notice which a person must receive before he is brought within the above provision is notice acquired, either by being actually present when his election is announced, or by being apprised of the fact by some official authority ; mere casual information is insufficient {R. V. Preece, 5 Q. B. 97). Such a notice will, at the first election, be given by the returning officer (L.G.A. s. 103, sub. 5 ; and see ante, p. 109) ; and in future elections such a notice should be given by the clerk to the county council as soon as he is apprised of the person's election. A person elected, but not qualified {R. v. Ric/unond, II W. R. 65) ; a person nominated without his consent being previously obtained (L.G.A. s. 75, sub., 16, c) ; a person enabled by law to make an affirmation instead of taking an oath, and who refuses on conscientious grounds to make the above declaration, or to take upon himself the duties of the office (M.C.A. s. 36, sub. 3) ; and semble a person who accepts another office and so vacates the office he held at the time of such accept- ance (per Lindley, L.J., in R. v. Mayor, etc., of Bangor, 18 Q. B. D. 366) — are not liable to the above fine. A person w^io elects to pay the fine in lieu of accept- ing office is exempt for five years from the day of his election from liability to serve in the same office (M.C.A. s. 34, sub. 2, b) ; moreover, he cannot be compelled by mandamus to serve {cf. R. v. Bower, i B. & C. 585), or indicted at common law, nor can a criminal information be preferred against him for not serving. Acceptance of Office. 189 If any person acts in the office of county councillor, Chap. XX. county alderman, or chairman of the county council . ~ without having made the above-mentioned declaration, office without or without being qualified at the time of makinir that *^''^' making , 1 • / o X r - th<^ Re- declaration (see ante, pp. 17, 173, loi), or alter ceasmg to claration. be qualified (see post, p. 192), or after becoming disquali- fied (see post, p. 193), he shall for each offence be liable to a fine not exceeding fifty pounds, recoverable by action (IM.C.A. s. 41, sub. i). If a member of the county council becomes disqualified by having a share or interest in a contract with the county council (see Lc Feicvre v. Lankester, 3 E. & B. 530, and ante, p. 42), but does not act during the continuance of the contract, he does not render himself liable to the above fine {Lewis v. Carr, i Ex. D. 484). And a person being in fact enrolled in the burgess roll, or registered in the register of county electors, shall not be liable to the above fine on the ground only that he was not entitled to be enrolled or registered therein (M.C.A. s. 41, sub. 2) ; nor shall his election be liable to be questioned by reason of a defect in the title, or want of title, of the person before whom the election was had, if that person was then in actual possession of, or acting in, the office giving the right to preside at the election {jb. s. 42, sub. 2) ; nor shall a burgess roll or register of county electors be liable to be questioned by reason of a defect in the title, or want of title, of the revising authority by whom it was revised, if he was then in actual possession and exercise of the ofiice of revising authority {ib. sub. 3). The action for the last-named fine can only be Action for brought by a burgess or county elector (as the case may '^^ ^^" be) ; notice of action must be served personally on the intended defendant within fourteen days after the cause of action arose ; the action must be commenced within three months after the cause of action arose (M.C.A. s. 224, sub. i) ; within fourteen days after service of the writ the plaintiff may be required to give security for costs {ib. sub. 2) ; unless the plaintiff recovers judgment the defendant is entitled to costs as between solicitor 190 ResigJiation of Office. CiiAP. XX. and client {ib. sub. 3) ; if the action is brought on the ground of the defendant not being quahfied in respect of estate, it Hes on him to prove that he was so qualified {ib. sub. 4) ; and a moiety of the fine recovered shall, after payment of the costs of the action, be paid to the plaintiff {ib. sub. 5) ; and see, as to the other moiety, ante, p. 150. Notice of resisTiation. Fine on resignation. Who can resisTi. "When re- signation is complete. II. Resignation of Office.. A person elected to the office of county councillor, county alderman, or chairman of the county council, may, at any time, by writing signed by him, and delivered to the clerk of the county council, resign the office, on payment of the fine provided for non-ac- ceptance thereof (M.C.A. s. 36, sub. i). " At any time " means at any time when the person is capable of holding, and therefore of resigning, the ofiice ; a person who is disqualified from holding, e.g. by bankruptcy, is incapable of resigning {Hardivick v. Brown, L. R. 8 C. P. 406). Again, a man cannot resign that to which he is not entitled, and which he has no right to occupy, and resignation implies that the person resigning has been elected into the office which he resigns {R. v. Blizard, L. R. 2 Q. B. 57). Therefore, where a relator on a quo warranto claims the office, resignation, whether before or after he applies for the quo warranto, is no answer to the proceedings ; for the relator is entitled to proceed to judgment of ouster, or until a disclaimer is entered, and so to a mandamus to be admitted to the office which he claims {ib^. The resignation is not complete until the writing has been delivered and the fine has been paid, but the clerk of the county council should receive the notice, even though it be unaccompanied by the fine, and although it is incomplete without the fine. If not paid, the county council can perhaps enforce payment of the fine ; but not, it would seem, by summary proceedings, sub. 4 of M.C.A. s. 34, not being re-enacted or applied to s. 36. Resignation of Office. 19 1 The county council have no power to waive payment CiiAr. XX. of, or to remit, the fine. But semhle a person who resigns one office in order to accept another, is not liable to the fine (per Lindlcy, L.J., in R. v. Mayor, etc., of Bangor, 18 Q. B. D. ^'^(b). Acceptance by the county council of the resignation Withdrawing is not requisite, and the resignation once completed resignation, cannot be withdrawn, even though the county council are willing to assent to such withdrawal {R. v. Mayor, etc., of Wigan, 14 O. B. D. 908). Whether, if the writing has been delivered, and the fine paid, by mistake or inadvertence, the resignation can be withdrawn before it has been acted upon, and before any one has altered his position in consequence thereof, is an undecided question (//;.). Although the resignation is complete on delivery of Declaring the the writing and payment of the fine, the office is not ° ce\acanu vacant until the county council have declared it to be vacant, and have signified the same by notice in writing, signed by three members of the county council, and countersigned by the clerk of the county council, and fixed on the town hall (M.C.A. s. 36, sub. 2). This the county council shall do forthwith on the resignation being sent in and the fine paid (/^.) ; but, until the resignation has been sent in and the fine has been paid, the office cannot be declared to be vacant. The council " declare " the office to be vacant, by resolution duly passed and entered in the minute book. The intended resolution must therefore be specified in the summons calling the council meeting, which summons must be left or delivered by post in a registered letter at the usual place of abode of every member of the county council, three clear days at least before the meeting (M.C.A. sch. II. r. 6), and the time and place of the intended council meeting must also be duly notified on the town hall {ib. r. 5). The resolution must also be passed by a majority of the members of the count}' council, present and voting at the meeting, and the whole number present, whether voting or not, must not be less than one third of the number of the whole 192 Loss of Qualification. Chap. XX. council {ib. r. 10). The notice may be partly in writing and partly in print (L.G.A. s. 99); and the name and address of the printer and publisher of the notice should appear on the face thereof (M.E.C.I.P.A. s. 14). The three members signing may be any three, but are usually three of those present at the meeting at which the declaration is made. The notice may be fixed on some conspicuous place on or near the outer door of the town hall, and in some conspicuous place in the electoral division (M.C.A. s. 232). Fine for actins when dis- qualified. Cesser of registration. Cesser of residence. III. Loss OF Qualification. A person may lose the qualification upon which he was elected, and all other qualifications by which he might be elected or act, and he may also become expressly disqualified. In any such case, he should thereupon immediately cease to act ; for if any person acts in the office of county councillor, county alderman, or chair- man of the county council after ceasing to be qualified, or after becoming disqualified, he shall for each offence be liable to a fine not exceeding fifty pounds, recover- able by action (M.C.A. s. 41, sub. i). As to the recovery of the fine, see ante, p. 189. If a county councillor or county alderman who qualified under M.C.A., s. ii, sub. 2, as applied by L.G.A., ss. 2, 75 {i.e. as a person registered or enrolled, and entitled to be registered or enrolled, as a county elector or burgess), ceases to be on that register or burgess roll, he immediately ceases to be a county councillor or county alderman. Again, if a county councillor or county alderman, who qualified under M.C.A. s. 11, sub. 3, as applied by L.G.A. ss. 2, 75 {i.e. as a person who at the time of election was qualified to elect), ceases for six months to reside in the county, and was not at the time of his election, and is not, qualified in any other manner, he ceases to be so qualified, and his office becomes vacant (M.C.A. s. II, sub. 4). As to what is residence, see Loss of Qualification. 193 ante, p. 31. The office becomes vacant at the cxpira- Chap. XX. tion of the six months, and without any declaration of the county council ; but the question of when the person first " ceases to reside " is often a question of some difficulty. Thus, if a county councillor disposes of his business, and goes with his family to live away from the county, but does not remove his furniture, which he retains in his former residence in the county, he cannot, it is submitted, be said to have ceased to reside in the county. Again, if a county councillor, county alderman, or Bankruptcy, chairman of the county council : — continuous (a.) Is declared bankrupt, or compounds by deed with absence, his creditors, or makes an arrangement or com- position with his creditors, under the Bank- ruptcy Act, 1883 (46 & 47 Vict. c. 52, s. 149, sub. 2), by deed or otherwise ; or (d.) Is (except in case of illness) continually absent from the county, being county alderman or county councillor, for more than twelve months ; he shall thereupon immediately become disqualified, and shall cease to hold office (M.C.A. s. 39, sub. i ; L.G.A. s. 75, sub. 14). But a chairman is not disqualified, as such, by reason of absence (L.G.A. s. 75, sub. 16, c:). These provisions are in the nature of penal enactments, and are to be s'.rictly construed (see Aslattv. Corporation of Southampton, 16 Ch. D. 143). A private composition, not by deed, is not within the section {ib) ; nor yet a deed of arrangement under the Deeds of Arrangement Act, 1887, unless it is under seal ; nor yet a mere assign- ment for the benefit of creditors (see R. v. Cooban, 18 Q. B. D. 269). It is submitted that the deed must be a valid deed, and that, if registration is essential to its vahdity (as under the Deeds of Arrangement Act, 1887), it is not a deed within the above section of the M.C.A. until such registration has been effected. The composition or arrangement, if under the Bank- ruptcy Act, 1883, may be by deed or otJierivise ; the dis- qualification arises as soon as the composition or arrange- ment has become effective. O Chap. XX. Cesser of dis- qualification. Provision in Bankruptcy Act, 1883. Continuous absence. Fine. Declaring the office vacant. 1 04 Loss of Qualification. The above disqualification by reason of bankruptcy, etc., as regards subsequent elections, ceases on the per- son' obtaining his discharge or payment of his debts in full (M.C.A. s. 39, sub. 3 I and see R. v. Mayor, etc., of VVclchpool, 35 L- T. 594 ; ^^ parte Atherton, 2 T. L. R. 631). A person who compounds with his creditors does not pay his debts in full {Hardivick v. Broivn, L. R. 8 C. R 406 ; and see Fletcher v. Saunders, 49 J. P., 424)-^ Under the Bankruptcy Act, 1883, if a person is adjudged bankrupt while holding the office of mayor, alderman, or councillor, his office shall thereupon become vacant (46 & 47 Vict. c. 52, s. 34), and such vacancy is complete without any declaration by the council. But, unless this can be deemed to be an enactment amending the M.C.A., it is not applied to county councils (see L.G.A. s. 75). A person who has ceased to reside in the county but occasionally comes there on business is not, it is sub- mitted, "continuously absent" within the meaning of the above enactment. Where a person becomes disqualified, as above mentioned, by absence, he shall be liable to the same fine as for non-acceptance of office, recoverable summarily, but the disqualification shall, as regards subsequent elections, cease on his return (M.C.A. s. 39, sub. 4). As to what is the fine for non-acceptance of office, see ante, p. 186. A county councillor or county alderman, who loses his qualification by reason of continuous absence under M.C.A. s. 39, sub. i, h, before he has lost it by reason of cesser of residence under ib. s. Ii, sub. 4, becomes liable to the fine under //;. s. 39, sub. 4. In any of the last mentioned events the county council shall forthwith declare the office to be vacant, and signify the same by notice signed by three members of the council, and countersigned by the clerk to the county council, and fixed on the town hall, and the office shall thereupon become vacant (M.C.A. s. 39, sub. 2). The vacancy is not complete until the whole of these acts have been completed ; and if, instead of declaring the office to be vacant, the county council do nothing, and Loss of Qualification. 195 the disqualification of the county councillor ceases, and Chap. XX. he is subsequently re-elected for a further term of office on a new election, the office is full, and it is then too late for the county council to declare the office lately held by the county councillor to be vacant {R. v. Mayor, etc., of Wclchpool, 35 L. T. 595). The notice must be fixed in some conspicuous place on or near the outer door of the town hall, or, if there is no town hall, in some conspicuous place in the electoral division (M.C.A. s. 232) ; it may be partly in writing and partly in print (L.G.A. s. 99) ; and the name and address of the printer and publisher thereof should appear on the face thereof (M.E.C.I.P.A. s. 14). The acts and proceedings of a person in possession of Validity of the office of county councillor, county alderman, or ?-cts of person 1 • r ^ -1 1 • , . in office. cnan-man 01 the county council, and actmg therem, shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified (M.C.A. s. 42, sub. i) ; so also if he is unseated by an election court or by the High Court {ib. s. 102). The title to office of a person who is not duly quali- Contesting the fied is questioned by election petition (as to which, see q"'ilification. Chap. xxiv. post, p. 211) if he did not possess a qualifi- cation at the time of election ; and by quo warranto (as to which see Chap. xxiv. post, p. 219) if he has lost his qualification since election. f) 2 : 196 ) CiiAP. XXI. CHAPTER XXI. CASUAL VACANCIES. Hcnv a casual vacancy arises . 196 Election, how and by whom . ,, Term of office of person elected . , , Several vacancies filled at one election . . . • I97 Time of election . . . ,, Notice ofelectioji . Election not to be held within six months of ordinary day of election .... Casual vacancies at first election 197 How a casual A CASUAL vacancy may arise in the office of county vacancy arises, (^Quncillor, county alderman, or chairman of the county council, by reason of: — 1. Death. 2. Resignation (see ante^ p. 190). 3. Bankruptcy, composition, or arrangement (see ante, p. 193). 4. Continuous absence (see ante, pp. 193, 194). 5. Avoidance of election on election petition (M.C.A. s. 103 ; Rules 1883, r. 47). 6. Cesser of registration as elector (see ante, p. 192). 7. Cesser of residence (see ante, p. 192). Election, how On a casual vacancy, an election shall be held by the Term'ofoffice same persons and in the same manner as an election to of person fill an Ordinary vacancy ; and the person elected shall hold the office until the time when the person in whose place he is elected would regularly have gone out of office, and he shall then go out of office (M.C.A. s. 40, sub. i). Therefore, where an election is held to supply a casual vacancy on the same day as an election held to supply an ordinary vacancy, care should be taken that, in the notice of the election, ballot papers, notice of persons nominated, etc., a distinction is preserved elected. Casual Vacancies. 197 between the two vacancies and classes of candidates, so Chap, XXI. that it may appear who is to fill the casual, and who the ordinary vacancy (see R. v. Roivley, 3 O. B. 143 ; in error, 6 Q. B. 668). In case of more than one casual vacancy in the office Several of county councillor being filled at the same election, the ^'^^^^^ncies filled county councillor elected by the smallest number of election, votes shall be deemed to be elected in the place of him who would regularly have first gone out of office, and the county councillor elected by the next smallest num- ber of votes shall be deemed to be elected in the place of him who would regularly have next gone out of office, and so with respect to the others ; and if there has not been a contested election, or if any doubt arises, the order of rotation shall be determined by the county council (M.C.A. s. 40, sub. 2), i.e. by the majority present and voting at a duly convened meeting, the whole number present not being less than one-third of the number of the whole county council {ib. sch. II. r. 10; and see ajite, p. 191). On a casual vacancy, the election shall be held within Time of fourteen days after notice in writing of the vacancy has ^ ^'^^^°"* been given to the chairman or clerk of the county council, by two electors (M.C.A. s. 66, sub. i.). "Within fourteen days after " is to be reckoned inclusive of the day of election, and exclusive of the day of giving the notice ; and the nine days' notice of election must therefore be given within five days after the above notice of vacancy is given, or the election will not be held within the above fourteen days. Where the office vacant is that of chairman of the Notice of county council, the notice of the meeting for the election ^1^^^^'°"- shall be signed by the returning officer or his deputy (M.C.A. s. 66, sub. 2 ; L.G.A. s. 75, sub. 5). In other cases the day of election shall be fixed by the chairman of the county council (M.C.A. s. 66, sub. 3). But the notice of the election must in this case also be signed, it would seem, by the returning officer or his deputy. The words " meeting for the " are superfluous ; the meeting is the meeting of the electors, and it would have been sufficient 198 Casual Vacancies. Chap. XXI. Election not to be held within six months of ordinary day of election. Casual vacancies at first election. had the phrase run, "the notice of election shall be signed," etc. A returning officer is not authorised or required to hold an election of a councillor to fill a casual vacancy in the representation of an electoral division, where the vacancy occurs within six months before the time fixed by the L.G.A. for a new election of a councillor to repre- sent such electoral division (L.G.A. s. 75, sub. 16, d). Any casual vacancy arising at the first election from a person being elected for more than one electoral divi- sion, or being elected a county alderman, or from a failure of election or otherwise, may be filled in like manner as a casual vacancy in the county council may be filled, and the sheriff or other officer authorised to act as re- turning officer at the first election shall be the returning officer at any election held to fill a casual vacancy before the appointed day (L.G.A. s. 107, sub. 2). The manner in which a casual vacancy in the county council is filled is the manner prescribed by the enactments pre- viously discussed in this chapter, and applying to casual vacancies arising after the county council is fully con- stituted. ( 199 ) CHAPTER XXII. Chap. XXII. CORRUPT AND ILLEGAL PRACTICES AND AGENCY. General corrupt practices . . 199 | Particular corrupt practices . 199 Extensive illei^al practices . ,, | Particular illegal practices . ,, A LOCAL government election shall be wholly avoided General by such general corruption, bribery, treating, or intimi- c°'''"'^P^ dation at the election as would by the common law of parliament avoid a parliamentary election (M.C.A. s. 8i). Where upon the trial of an election petition respecting Extensive a local government election for a county, or an electoral "'^S^.^ . . . ° . . ■' practices. division of a county, it is found by the election court that illegal practices or offences of illegal payment, employment, or hiring, committed in reference to such election for the purpose of promoting the election of a candidate at that election, have so extensively prevailed that they may be reasonably supposed to have affected the result of that election, the election court shall report such finding to the High Court, and the election of such candidate, if he has been elected, shall be void (M.E.C.I.P.A. s. iS). The statutory enactments defining corrupt practices, Particular viz. bribery, treating, undue influence, and personation, *^j°""Pgs are the same in a local government election as in a parliamentary election, and are incorporated into the M.C.A. and thus into the L.G.A. (M.E.C.I.P.A. s. 2, sub. I ; and sec M.C.A. ss. Jj, '^6). The enactments re- Particular lating to illegal practices, and illegal payment, employ- '"egal ment, and hiring are also substantially the same as in 2C0 Corrupt and Illegal Practices and Agency. CiiAP. XXII. a parliamentary election (M.E.C.I.P.A. ss. 4-17). The consequences of the con^mission of either are similar to those in a parliamentary election. The leading principles of the law affecting corrupt practices and electoral agency are well known, and the principal illegal practices have been discussed in their appropriate places in this book. For further information on either subject the reader is referred to the Election Agent, chaps, xxv. xxvi. ( 201 CHAPTER XXIII. CiiAi-. XXIII. RELIEF AND AUTHORISED EXCUSE. I. ILLEGAL TRACTICE, PAYMENT, EMPLOYMENT, OPv HIRING. i Hear in tr . Ciraiiiistaiiccs under iv/iick ap- plication may be made . 202 To and by lidioin made . ,, When to be made . . 203 How made . . . ,, A'otice . . . • )> Evidence . . . . ,, Order and its effect Appeal Applications ivhicli haz granted . Applications luhich hai refused , been •e been 204 205 IL RETURN AND DECLARATION AS TO ELECTION EXPENSES. CircJimstances under which a/ plication may be made . 206 By and to whom made When to be made How made and notice . Hearing . Order and terms. Effect of order . Applications which ha\ granted , 207 been Evidence . . . ■ ,, IIL EXCESS OF EXPENDITURE BY REASON OF JOINT CANDIDATURE. Circnmstances nnder which op- 1 Evidence .... 208 plication 7nay be made . 208 Order and its effect . . ,, When, and ho'ti) made . . ,, | IV. CLAIMS SENT IN LATE OR NOT PAID IN TIME. Circumstances under which ap- I A'otice . . . . 209 plication may be made . 209 j Return of sitms paid . . ,, . ,, I Applications wliich have been When to be made By whom made . ranted and refitsed . The severity of many of the provisions of the M.E.C.I.P.A. has been moderated by the power which the Act gives to the courts of awarding relief, in many cases, to an innocent candidate or other person, against the consequences of acts in which they have not participated, or which arc due merely to inadvertence. There is no 202 Relief and A iitJiorised Excuse. CiiAr.XXIII. power to grant relief against an act of bribery or personation, but with these exceptions this power of awarding- relief extends to all other classes of electoral offences. The relief which can be granted on the trial of an election petition in respect of trivial acts of treating, undue influence, or illegal practices, and also in respect of the illegal practices of paying claims sent in after the time limited for sending in claims, and of paying claims after the time limited for paying claims, are dealt with in the next chapter, /^i-/, p. 216. The present chapter is confined to those cases in which the dispensing power may be exercised before an election petition is filed, or independently of any such petition. I. Illegal Practice, Payment, Employment, or Hiring. Circumstances Where any act or omission of a candidate, or of any under which agent or Other person, would, by reason of being in con- may be made, travention of any of the provisions of the M. E.C.I. P.A., be an illegal practice, payment, employment, or hiring, then, if the act or omission arose from inadvertence, accidental miscalculation, or some other reasonable cause of a like nature, and not from any want of good faith, an order may be obtained from the High Court or the election court, allowing such act or omission to be an exception from the provisions of the Act, and exempting the candidate, agent, or person from the con- sequences of the act or omission (M.E.C.I.P.A. s. 20). It will be observed that this section does not authorise the granting of relief in respect of any corrupt practice ; i'or in respect of any act which is wrong in itself; als6 that the candidate, or other applicant, and the person by whom the act or omission was done must be in no sense ^\x\\\.y oi ^nala fides ; and that the power to grant this relief extends to the acts of any agent or person. To and by The application may be made to the Pligh Court or whom made. ^]^g election court, and may be made by the candidate. Relief and Authorised Excuse. 203 agent, or otlier person endangered by the act or omission chap. XXIII. in question (M.E.C.I.P.A. s. 20). The apphcation may be made at any time, and if made when to be as soon as the act or omission is discovered, or im- "'^^''^• mediately after the declaration of the result of the election, it may save a successful candidate from an election petition. If made by or on behalf of a successful candidate, it must be made previously to the report of the election court, or his seat will be gone (see M.E.C.I.P.A. s. 8). The application is made by motion to the court, or by How made, application to the judge in chambers, and is, in cither case, made ex parte, after notice. If proper notice has been given, and if the evidence is sufficient to bring the case within the Act, the court disposes of the application at once ; but, if such is not the case, it usually directs that the application be renewed after proper notice has been given {South Shropshire, 34 W. R. 352), or further evidence has been obtained {jx Terry & Wharton, I T. L. R. 183). Such notice of the application must be given in the Notice. county or electoral division for which the election was held as to the court seems fit (M.E.C.I.P.A. s. 20). It is usual to give written notice to each of the candidates at the election, to the returning officer, and to the consti- tuency by advertisement {South Shropshire, 34 W. R. 35^ ; re Hart, 2 T. L. R. 24) ; and in one of the first cases the court required notice to be given by conspicuous posters throughout the constituency {re Terry & Wharton, I T. L. R. 183). If the application is made during the trial of an election petition, notice given by counsel orally in open court has been held to be sufficient {Norwich, 4 O'M. & H. 89). The affidavits or oral evidence in support of the appli- E%-lclence. cation must show : — {a) the nature of the act or omission, and that it amounts to an illegal practice, payment, em- ployment, or hiring ; (/;) that such act or omission arose from inadvertence, or accidental miscalculation, or some other reasonable cause of a like nature, and not from any want of good faith ; {c) that sufficient notice of the 204 Relief and AutJiorised Excitse. Chap.XXIII. application lias been given in the constituency ; and id) that it is just that the candidate, agent, and person, or any of them, should not be subject to the consequences of such act or omission (see M. E.G. I. P. A. s. 20). The evidence must bring the case clearly within the Act, or the relief will not be granted {ex parte Clark, 52 L. T. 260) ; and, if " inadvertence " be the foundation of the application, this must be satisfactorily explained and established {SoiUh West Essex, 2 T. L. R. 388). " Inadvertence" is a lack of heedfulness or attentiveness, an oversight, mistake, or fault which proceeds from negligence of thought (Webster's Dictionary) ; it is an occasional act which must not be too often repeated or it becomes inattention (Crabb's Synonymes) ; but to act on a particular view of the law is not inadvertence {South West Essex, 2 T. L. R. 388 ; but see Stepney, 4 O'M. & H. 53, /^r Denman, J.). The fact that the contest was severe is not a ground for allowing payments in excess of any maximum {ex parte Ayrton, 2 T. L. R. 215). Hearing. A candidate {ex parte Wilks, 16 O. B. D. 114 ; Chelsea, 2 T. L. R. 374) ; the returning officer {South West Essex 2 T. L. R. 388 ; Wigan, ib. 159) ; or a voter {Wigan, 2 T. L, R. 1 59) ; may appear to consent or oppose ; and, if his opposition is founded on facts not appearing on the evidence filed in support of the application, he should be prepared with proper affidavits, or oral evidence of such facts (see ex parte Wilks, 16 Q. B. D. 1 14). If an election petition be pending, the application may be ordered to stand over until after the trial of the petition, or may be referred to the election court ; if a prosecution is threatened or pending, the court will generally decline to interfere {South West Essex, 2 T. L. R. 388) ; but may sometimes be induced to do so {ex parte Clark, 52 L. T. 260). Order ami its The court, if it deems the evidence sufficient, and the ^ *^'^^' circumstances such that it is just that the candidate, agent, and person, or any of them, should not be subject to the consequences of the act or omission in question, may make an order allowing the act or omission to be an exception from the provisions of the M.E.C.I.P.A. and Relief and Authorised Excuse. 205 thereupon the candidate, agent, or person shall not be CiiAr. XXIII. subject to any of the consequences under the Act of such act or omission (M.E.C.I.P.A. s. 20). A form of order is given \\\ ex parte Clark, 52 L. T. 263. The order does not seem to relate back so as to take away any consequences that have already ensued. There is an appeal from the judge in chambers to the Appeal, divisional court {Chelsea, 2 T. L. R. 374) ; and thence to the Court of Appeal. Relief has been granted in respect of circulars of Applications , , , 1- 1 , r, ii 1 i- which have thanks ordered by the candidate alter the election was ^^^^^ granted. over, and paid for by his clerk without authority, instead of through the election agent {Lincoln, 25 July, 1884, not reported ; it is submitted that this is not an election ex- pense, see ante, p. 157, and that consequently the applica- tion was unnecessary) ; in respect of a municipal election meeting held in a prohibited room {7-e Terry & Wharton, I T. L. R. 183 ; re Hart, 2 ib. 24) ; in respect of placards printed and circulated without the printer's name {ex parte Clark, 52 L. T. 260 ; the court included the printer in its order, though there appears to be no power to do so, his offence not being an illegal practice, payment, em- ployment, or hiring, see ante, p. 82) ; and in respect of expenses for bill posting incurred under special circum- stances, and causing the maximum allowance to be exceeded by £<)J {ex parte Ayrton, 2 T. L. R. 215). There was no opposition in any of the above cases. The courts have in more than one case stated that as the Act becomes better known they will be less indulgent in granting xtXiQ-i {ex parte Matheivs, 2 T. L. R. 548 ; and see ex parte Clark, i T. L. R. 243 ; ex parte Ayrton, 2 T. L. R. 214). Permission to pay for a brougham ordered and used Applications by a candidate's clerk without authority, for the purposes been refusecL of the election, but not for the conveyance of voters to the poll, has been refused {Chelsea, 2 T. L. R. 374) ; an application for relief in respect of posters circulated with- out the printer's name has been ordered to stand over until after the trial of an election petition presented against the applicant {ex parte Wilks, 16 O. B. D. 114) ; 206 Relief and Authorised Excuse. CHAr.XXIlI. and relief has been refused to a sub-agent ^vho had voted and had subsequently received payment for his services, {South West Essex, 2 T. L. R. 388)- Cause was shown against the application in each of the above cases. Circumstances under which apphcation may be made. By and to whom made. When to be made. How made and notice. Evidence. II. Return and Declaration as to Election Expenses. Where the return and declaration respecting election expenses have not been made as required by the M.E.C.I.P.A. (see ante, p. 164), or, being made, contain some error or false statement, an application may be made for relief, in the Act called " the allowance of an authorised excuse" (M.E.C.I.P.A. s. 21, sub. 4). The power to grant this relief is not, like that under the previous head, confined to cases of default from inadver- tence, accidental miscalculation, or other reasonable cause, but extends to cases of default, error, and false statement caused by the misconduct of an agent or other person, though none but innocent parties can get relief. The application may be made by the candidate to the High Court or to the election court (M.E.C.I.P.A. s. 21, sub. 7). The application may be made at any time, and if made as soon as the default is discovered, it may save a successful candidate from an election petition ; if made by or on behalf of such a candidate, it must be made before the report of the election court, or the seat will not be saved. The application is made in the same manner, and after similar notice has been given, as under the first head {a7itc, p. 203). The evidence in support of the application is usually given by affidavits, and must show : — {a) the nature of the failure or error in question ; {b) that it arose by reason of the applicant's illness or absence ; or by reason of the absence, death, illness, or misconduct of any agent, clerk, or officer (see Ipszvich, 3 T. L. R. 397) ; or by reason of inadvertence, or of any reasonable cause of a Relief and Authorised Excuse. 207 like nature, and not by reason of any want of good faith CiiAr. XXIII. on the part of the applicant ; [c) that the appHcation is made in good faith ; and {d) that sufficient notice of the appHcation has been given in the constituency (M.E.C.I.P.A. s. 21, sub. 7). The parties to be heard in opposition to the applica- Heariiu'. tion are substantially the same as in the case of an application made under the first head (see ante, p. 204). The court 7nay make such order for the allowance of Order and an authorized excuse for the failure to make the return ^^'■'"''•• and declaration, or for the error or false statement therein, as to the court seems just (M.E.C.I.P.A. s. 21, sub. 7). The order may be conditional upon compliance with such terms as to the court seems calculated for carrying into effect the objects of the Act {ib. sub. 8.). The order relieves the candidate from liability to the EfTjct of order, penalty for sitting and voting in the county council where the return and declaration have not been made in due time (M.E.C.I.P.A. s. 21, sub. 4, and see further hereon, ante, p. 164) ; and it also relieves the candidate from the illegal practice {ib. sub. 5), which ensues from the non-compliance with the statutory requirements as to the return and declaration respecting election ex- penses (see ante, p. 164). The date of the order, or, if conditions and terms are to be complied with, the date at which the applicant fully complies with such conditions and terms, is the date of the allowance of the excuse (M.E.C.I.P.A. s. 21, sub. 9). Relief has been granted in respect of a return of Applications election expenses not sent in in due time {Wiga7i, 2^^^^'^^^^^^^^^ T. L. R. 159 ; ex parte Darkin, Times newspaper 17 Dec. 1885) ; not accompanied by bills and vouchers {Birniing- Jiani, Times newspaper, 15 March 1888) ; not sent in at all {ex parte Matthezvs, 2 T. L. R. 548 ; ex parte Robson, 18 O. B. D. 336) ; and sent in after a delay of six months {ex parte Walker, Times newspaper, 11 Feb. 1S87). 208 Relief and Authorised Excuse. application may be made ^^'hen, and how made. Evidence. Chap.XXIII. III. Excess of Expenditure by Reason OF Joint Candidaturk. ("ircumstances Where any excess of expenses above the maximum under which allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candi- date, or to his having become a joint candidate after having begun to conduct his election as a separate candidate, an order may, on a proper application and on proper evidence, be obtained, relieving the candidate from the consequences of having incurred such excess of expenses (M.E.C.I.P.A. s. 5, sub. 4, c). The application may be made to the same tribunals, and in the same time and manner as an application to except an innocent act from being an illegal practice, etc. {ib. and see aute, p. 203). The evidence in support of the application is usually given by affidavit, and must show : — {a) that an excess of expenditure above the maximum allowed has arisen ; (b) that such excess has arisen from the candidate having ceased to be a joint candidate, or from his having become a joint candidate after having begun to conduct his election as a separate candidate ; (c) that such ceasing or beginning was in good faith ; {d) that such excess is not more than under the circumstances is reasonable ; and {e) that the total expenses of such candidate do not exceed the maximum amount allowed for a separate candidate (M.E.C.I.P.A. s. 5, sub. 4, c). This evidence being given, the excess shall be deemed to have arisen from a " reasonable cause," within the meaning of the Act {ib.). The order may be made as in the case of an applica- tion under the first head {aiite, p. 204), and upon its being made the candidate is relieved from the conse- quences of having incurred such excess of (M.E.C.I.P.A. s. 5, sub. 4, c). Order and its effect. expenses Relief and A utJiorised Excuse. 209 Chap. XXIII. IV. Claims Sent in Late or not Paid in Time. Where a claim has been sent in after, or any election Circumstance expense has not been paid within, the time limited for app\Tcation^ those purposes (see ante, pp. 161, 162), application may may be made, be made to the county court for the district in which the election was held, or to the High Court, or to an election court, for an order allowing such claim to be sent in, or expense to be paid (M. E.C.I. P. A. s. 21, sub. 6). There is no time limited within which the application When to be is to be made ; it should therefore be made within a "''^^^^* seasonable time, and as soon as practicable. The application may be made by the candidate, or By whom creditor (M.E.C.I.P.A. s. 21, sub. 6). "'^''^• Notice of the intended application does not appear to be Notice, requisite {cf. M.E.C.I.P.A. ss. 20, 21, sub. 7 ; s. 5, sub. 4, c) ; but notice in the manner mentioned ante, p. 203, has been given in all cases in which relief has hitherto been granted. A return of any sum so paid shall forthwith after Return of payment be sent to the clerk of the county council ^'''"^ P^'^' (M.E.C.I.P.A. s. 21, sub. 6 ; L.G.A. s. 75, sub. 5). Permission to pay the charges of certain sub-agents Applications after the proper time for payment had elapsed {South been granted Shropshire, 2 T. E. R. 347), and for leave to pay a and refused, disputed claim {Loiuestoft, 4 T. L. R. 38) have been granted ; but permission to an election agent to pay a claim for a committee-room sent in after the proper time, he admitting the hiring and desiring to pay the claim, has been refused {Lincoln, 25th July, 1884, not reported). 2IO ) CHAP. XXIV. CHAPTER XXIV. ELECTION PETITION AND QUO WARRANTO. I. ELECTION PETITION. Grounds for petition Time for presentation Corrupt practices After return . Illegal practices . After retwn . Time, how reckoned . Amendment after time fot presetitation . Service vSecurity for costs . Particulars Where general charges ar made Scrutiny and recriminatory lists , Special case Witnesses . Obligatio7i to anszver . Certificate of indemnity Expetises . 213 214 Trial. Resei-ving questions of law Attendance of public pro secutor . Certificate of findings Reports As to corrupt and illegal practices. Special repoH Exonerating report Treating, undueinfluencc or illegal practices by agents Abatement of petition ^yithdrawal of petition Application and affidavits Notice Hearing . Corrupt withdrawal Costs . Discretionary Where constituency or parties guilty . Taxation . third 216 217 218 -19 Definition AND APPLICATION 219 Leave of the court necessary . 220 Time for making application . , , Office . . . . ,, JSIust be public and not held at will . . . . ,, Must be full . . .221 Writ is discretionary . ,, Grounds for application . ,, Cesser of office and resignation 222 Irregularity not afficting re- sult of election. . • ,y II. QUO WARRANTO. Relator IFho may be Notice of application Costs. Secu7-ity Costs of order nisi Recognizance . Pleadings . Special case Disclaimer Trial . 224 Election Petition. 2 r i Chap. XXIV. I. Election Petition. A LOCAL government election may be questioned by an grounds for , , . .... ,, 1 PETITION. election petition on the ground : — {a) That the election was wholly avoided by general bribery, treating, undue influence, or persona- tion ; or {b) That the election was avoided by corrupt practices, or offences against M.C.A. part IV. committed at the election ; or {c) That the person whose election is questioned was at the time of election disqualified ; or {d) That he was not duly elected by a majority of lawful votes (M.C.A. s. 87, sub. i) ; or {e) That the election was avoided by illegal practices (M.E.C.I.P.A. ss. 8, 25) ; or (/.) That the returning officer has erroneously allowed an objection to a nomination paper (M.C.A. sch. III. pt. II. r. 14) ; or {g) That the returning officer's decision of a question arising in respect of a ballot paper was erroneous (B.A. s. 2). An election petition presented to the High Court of time for Justice on any ground other than that of illegal practices ^tion. shall be presented within twenty-one days after the day on which the election was held, except that if it practices. complains of corrupt practices, and specifically alleges that a payment of money or other reward has been made or promised since the election by a person elected After uturn. at the election or on his account or with his privity, in pursuance or furtherance of such corrupt practices, the petition may be presented within twenty-eight days after the date of such payment or promise (M.C.A. s. '^%, sub. 4; and see Kidderminster, 2 O'M. & H. 172 ; Gal- IV ay, I ib. 304). Where the petition alleges illegal practices, it may be Illegal presented at any time before the expiration of fourteen "^^^^ ^ days after the day on which the clerk of the county council receives the return and declaration respecting election P 2 212 Election Petition. After return. Time, how reckoned. Amendment after time for presentation. Chap. XXIV. expenses by the candidate to whose election the petition relates, or where there is an authorized excuse for failing to make the return and declaration, then within the like time after the date of the allowance of the excuse (M. E.C.I. P.A. s. 25, sub. i). If the election petition specifi- cally alleges a payment of money, or other act made or done since the election by the candidate elected at such election, or by an agent of the candidate, or with the privity of the candidate, in pursuance or in furtherance of such illegal practice, the petition may be presented at any time within twenty-eight days after the date of such payment or other act {ib. sub. 2). In reckoning the above times, Sunday, Christmas Day, Good Friday and Monday and Tuesday in Easter week and any day set apart for a public fast or public thanksgiving, are included, unless they happen to be the last day (M.C.A. s. 230, subs, i, 2). A petition cannot be amended by the introduction of a substantially new charge after the time for presenting a petition in respect of such charge has expired {Mande V. Loiulcy, L. R. 9 C. P. 165 ; Aldridge v. Hurst, i C. P. D. 410). Every local government election not called in question within twelve months after the election, shall be deemed to have been to all intents a good and valid election (M.C.A. s. r,)- The petition must be ser\-ed within five days after it is presented (M.C.A. s. 89, sub. 3) exclusive of the day of presentation (Rules, 1883, r. 13). If the petition is not so served, it drops ; but in case of difficulty in effecting personal service, substituted service may be ordered {ib. XX. 14, 15.) SECURITY FOR At thc timc of the presentation of the petition, or cobTs. ^^.fthij^ thi-ee (j^^ys afterwards, security for costs to such an amount, not exceeding ;^5oo, as may be ordered, shall be given, either by a deposit of money or by recognizance by not more than four sureties, or partly in one way and partly in the other (M.C.A. s. 89, sub. 2). It is sufficient if the recognizance be entered into by one surety only {Preece v. Pidley, 49 L. J. C. P. 686). The SERVICE. Election Petition. 213 recognizance is not liable to any stamp Awiy {Athlone,Q\\.\v.\.yA\. 19 L. T. 530). The deposit of money by way of security, is by payment into the Bank of England (Rules, 1883, r. 16). Such particulars of the allegations in the petition as particulars. may be necessary to prevent surprise and unnecessary expense, and to insure a fair and effectual trial may be ordered (Rules, 1883, r. 6). These particulars have been ordered to be delivered three days {Beale v. Smith, L. R. 4 C. P. 145), seven days {Green v. Hall, W. N. (1880) p. 146), and fourteen days, before the trial. But in the latest cases they had been ordered to be delivered seven days before the trial {Lenhaui v. Barber, 10 O. B. D. 293 ; ace. Clark v. Wallond, 52 L. J. Q. B. 321), and this may, therefore, be considered to be the present practice in the absence of special circumstances. These days are reckoned exclusively of the day of delivery, and of Sunday, Christmas Day, Good Friday, and any day set apart for a public fast or public thanksgiving (Rules, 1883, r. 37). The particulars are sometimes ordered to be delivered "so far as known " {Maude v. Loivley, L. R. 9 C. P. 165), but these words are unnecessary, as the person who gives the particulars can only give them so far as is known ; and as to insert these words might be taken as a warrant for unduly limiting the particulars, the judge should refuse to insert them {Lenham v. Barber, 10 Q. B. D. 293). Where the petition contains general charges of corrupt Wheregeneral and illegal practices, particulars of such charges will be \^^^ ^^^ ordered to be delivered in four days {Salford, 19 L. T. 500), or five days, from the date of the order {Bradford, i^' 573)- -^ similar order will be made where the petition contains personal charges against the returning officer ( Warrington, ib. 572). Scrutiny lists, and lists of objections, where the Scrutiny and respondent intends to recriminate, are to be delivered [j^j^]"""^ ^^^ six days before the trial (Rules, 1883, rr. 7, 8), and the Court has no power to admit lists or evidence after this period of time has elapsed {Nield v. Batty, L. R. 9 C. P. 104). 214 Election Petition. Chap. XXIV. A special case may be stated, where the case raised by c.T..TTrT-,.. the petition can be conveniently so stated (M.C.A. s. 93, SPECIAL CASE. '^ . . . - , sub. 7), as where the petition raises a question of law and the facts are not in dispute ( Woodward v. Sarsons, L. R. 10 C. P. 734; Burgoyne v. Collins, 8 O. B. D. 450). And, if the questions of law can be conveniently severed from the questions of fact, the former may be decided by special case, and the latter left for trial in the usual way {Hereford, 19 L. T. 703). WITNESSES. Witnesses are subpoenaed and sworn in the usual manner (M.C.A. s. 94, sub. i), and the election court may, by order, compel the attendance of a witness, under penalty of a contempt of court {ib. s. 94, sub. 2). If a witness cannot be served with a subpoena, the court will sometimes issue its order to compel the witness's attend- ance ( Waterford, 2 O'M. & H. 3) ; but not, as a rule, unless the witness has been served with a subpoena {Norzvich, i ib. 8). The court has no power to issue a warrant for the apprehension of a witness {Chester, 44 L. T. 286). If a witness absconds, the court will, if the witness's evidence be necessary, adjourn the trial, even if it be for six months {Strond, 2 O'M. & H. 108). Obligation to A witness cannot refuse to answer any question relat- answer. jf-jg j-q ^j-jy offence at, or connected with, an election, on the ground that the answer may criminate or tend to criminate himself, or on the ground of privilege ; but a witness who truly answers all questions is entitled Certificate of to a certificate of indemnit}-, and his answers are not, indemnity. except in a prosecution for perjur}', in any proceeding, civil or criminal, admissible in evidence against him (C.I.P.P.A. s. 59, sub. I ; M.E.C.I.P.A. s. 30, sub. i). But this certificate does not relieve the witness from any incapacity (C.I.P.P.A. s. 59, sub. 3 ; M.E.C.I.P.A. s. 30, sub, i). Expenses. The expenses of witnesses may be allowed according to the scale applicable to trials at the assizes (M.C.A. s. 94, sub. 9), and may be disallowed if the court is dis- satisfied with the witness, or with the manner in which he gives his evidence. The amount of a witness's expenses may be ascertained and certified by the registrar (Rules, Election Petition. 215 ^^^Z^ r- 53) ; but his allowance is only as between the Chap. XXIV witness and the party who subpcenaed him, and is not conclusive as between the parties to tlie petition {McLlaren v. Home, 7 O. B, D. 477). The trial proceeds as far as practicable de die in diem trial. (M.E.C.I.P.A. s. 27). It takes place before a barrister as commissioner (M.C.A. s. 92, sub. i) in the borough or county where the election took place ; but, if special cir- cumstances exist which render it desirable that the petition should be tried elsewhere, the court may appoint such other place for the trial as shall appear most con- venient {ib. s. 93, sub. 2). If intimidation and outrages were practised before and during the election, and after the presentation of the petition, the place of trial may be changed {Sligo, i O'M. & H. 300) ; but something more than mere inconvenience must be shown before the court will change the place of trial, and thus depart from the clear intention of the Act that the petition should be tried in the county or borough where the election took place {Collins v. Price, 5 C. P. D. 544). A question of law as to the admissibility of evidence Reserving or otherwise may be reserved for the High Court (M.C.A. S;,^f'°"' °^ s. 93, sub. 8), and unless this be done, there is no mode of reviewing the ruling of the election court. The public prosecutor attends the trial, and obeys Attendance any directions given by the court with respect to the ^(^jecutor summoning and examination of any witness, and the prosecution of offenders, and with respect to any person proposed to be reported guilty of any corrupt or illegal practice (M.E.C.I.P.A. s. 28, sub. i). He may also summon, and with leave examine, any witness {ib. sub. 2), and may prosecute offenders {ib. sub. 3). At the conclusion of the trial the court determines Certificate of whether the respondent, or any other and what person, was "^'"S^- duly elected, or whether the election was void, and forthwith certifies in writing such determination to the High Court (M.C.A. s. 93, sub. 4). This determination is final to all intents and purposes {ib. ; Waygood v. James, L. R. 4 C. P. 361 and see Stevens v. Tillett, L. R. 6 C. P. 147). 2l6 Election Petition. Chap. XXIV REPORTS. As to corrupt and illegal practices. The court also reports to the High Court : — («.) Whether any corrupt or illegal practice or offence against part IV. of the M.C.A. has, or has not, been proved to have been committed by or with the knowledge and consent of any candidate at the election, and the nature of such corrupt practice or offence. {b) The names of all persons (if any) who have been proved to have been guilty of any corrupt practice or offence, (r.) Whether any corrupt practices have, or whether there is any reason to believe that corrupt prac- tices have, extensively prevailed at the election (M.C.A. s. 93, sub. 5 ; M.E.C.I.P.A. s. 8, sub. 2). This report is not final, as is the certificate {Stevens v. Tillett, L. R. 6 C. P. 147). It is laid before the Attorney- General with a view to his instituting or directing a prosecution against such persons as have not receiv^ed certificates of indemnity (C.I.P.P.A. s. 60; M.E.C.I.P.A. s. 30). Special report. The election court may also make a special report to the High Court as to any matters arising in the course of the trial, an account of which ought, in the judgment of the election court, to be submitted to the High Court (M.C.A. s. 93, sub. 6). The election court may also make a report: — (i) ex- onerating the candidate from the consequences of treat- ing, undue influence, or illegal practices by agents (M.E.C.I.P.A. s. 19) ; (2) excepting an innocent act, amounting to an illegal practice, payment, employment, or hiring, from the provisions of the M.E.C.I.P.A. and relieving the candidate, agent, or person from the con- sequences thereof {ib. s. 20) ; (3) allowing an authorised excuse for non-compliance with the statutory provisions as to the return and declaration respecting election expenses {ib. s. 21, sub. 7) ; and (4) relieving the candi- date from the consequences of an excess of expenditure over the maximum allowed, by reason of the candidate having ceased to be, or having become, a joint candidate, {ib. s. 5, sub. 4). Exoneratin report. Election Petition. 21/ With regard to the first of the above-named heads, viz. Chap. XXIV. the exoneratincr the candidate from the consequences of t, ~. . . . Treatin<;, un- treating, undue influence, or illegal practices, the election due influence court has no power to relieve against personal offences by °racUc b the candidate, or against bribery or personation by agents, agents ; but where it finds that the candidate has, by his agent, been guilty of treating, and undue influence, and illegal practices, or any of such offences, the election will, nevertheless, be upheld, and the candidate will not be subjected to any incapacity, if it be proved : — («.) That no corrupt or illegal practice was committed by the candidate, or with his knowledge and consent ; and that the offences were committed without the sanction or connivance of such candidate ; and {b.) That all reasonable means for preventing the com- mission of corrupt and illegal practices were taken by and on behalf of the candidate ; and (e.) That the said offences were of a trivial, unimpor- tant, and limited character ; and (d.) That in all other respects the election was free from any corrupt or illegal practice on the part of such candidate, and of his agents (M.E.C.I. P.A, s. 19). If these matters are fully proved, the election court has apparently no discretion, but must uphold the election. As to the second, third, and fourth of the above-named heads, see ante, pp. 202, 206, 208. An election petition abates on the death of a sole abatement petitioner, or of the survivor of several petitioners °^ i'etition. (M.C.A. s. 96, sub. i), but not necessarily on the death of a respondent, as another person may be admitted to defend the petition in his place {id. s. 97, sub. i). If no such petitioner is admitted, the petition drops. An application to withdraw an election petition can withdrawai, only be made with the consent of all the petitioners °^ i'etitiox. (M.C.A. s. 95, sub. 8). It must be supported by affidavits Application by all the parties to the petition and their solicitors (and ^"'^ affidavits. 2l8 Election Pctiticn. Chap. XXIV Notice. Hearing Corrupt withdrawal. COSTS. Discretionary. Where consti- tuency or third parties guilty. agents ; M.E.C.I.P.A. s. 26, sub. 8), but the High Court may, on cause shown, dispense with the affidavit of any- particular person [ib. s. 26, sub. i). Copies of these affidavits must be delivered to the public prosecutor a reasonable time before the application for withdrawal is heard {ib. sub. 5). And notice of the application to withdraw must be given in the constituency (M.C.A. s. 95, sub, 2). The application cannot be heard until at least a week after the notice of the intention to apply has been given to the master (Rules 1883, f- 62) ; the public prosecutor may intervene and adduce evidence (M.E.C.I.P.A. s. 26, sub. 5) ; and any person who might have been a petitioner, may apply to be substituted for the petitioner who is desirous of withdrawing (M.C.A. s. 96, sub. 3). A withdrawal in consideration of any payment, or of the withdrawal of any other petition, or that the seat shall be vacated, is a misdemeanour, and may subject the offender to twelve months imprisonment, and a fine of ^200 (M.E.C.I.P.A. s. 26, sub. 4). And if the withdrawal is induced by any corrupt bargain or consideration, the court may order that the security given by the original petitioner shall remain and be liable to the costs of the substituted petitioner (M.C.A. s. 95, sub. 4). The costs, charges, and expenses of an election peti- tion are in the discretion of the court, but regard is to be had to the disallowance of any which may have been caused by vexatious conduct, unfounded allegations or objections, and to the discouragement of any needless expense, by throwing the same on the parties by whom they have been caused (M.C.A. s. 98, sub. i). The usual rule is that the costs follow the event. Where it appears :— (ist) that a corrupt practice has not been proved to have been committed by or with the knowledge and consent of the respondent, and (2nd) that the respondent took all reasonable means to prevent corrupt practices being committed on his behalf, the court may make one or more of the following orders: — {a) If it appears that corrupt practices extensively prevailed, the court may order the whole, or Quo Warranto. 2 1 9 part, of the costs to be paid by the con- CuAr.xxiv. stituency. {b.) If it appears that any person or persons is or are proved to have been extensively engaged in corrupt practices, or to have encouraged or promoted extensive corrupt practices in refer- ence to the election in question, the court may, after giving such person or persons an oppor- tunity of being heard by counsel or solicitor, and of examining and cross-examining wit- nesses, order the whole or part of the costs to be paid by that person, or those persons, or any of them, or (if irrecoverable from such person or persons) by either of the parties to the petition (M.E.C.I.P. A. s. 29, sub. i). Where any person appears to the court to have been guilty of a corrupt or illegal practice, the court ma}', after giving such person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceeding before the court in relation to the said offence, or to the said person, to be paid by the said person {ib. sub. 2). The costs of the petition are taxed as between Taxation, solicitor and client in an action in the High Court of Justice, and may be recovered as the costs of such an action (M.C.A. s. 98, sub. 2). II. Quo Warranto. The writ of quo warranto is in the nature of a writ of definition' ■ , ^ r ^, ■, ■ . , 1 . , 1 . AND APPLICA- right for the kmg, agamst him who claims or usurps ^j^^^. any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine the right (3 Black. Comm. 262). It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it ; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it, or having forfeited it by neglect or abuse (ib). 220 Ouo Warranto. Leave of the court Bcces- saiy. Time for making application, Chap. XXIV. There are several kinds of quo warranto informations, but the only one to be considered here is that relating to a corporate office or franchise. Any person desiring to prosecute a quo warranto information can now do so by leave of the court (9 Anne c. 20 s. 4 ; C.O.R. 46). It is a civil proceeding (47 & 48 Vict. c. 61, s. 15), and cannot be instituted in any case where an election petition is the appropriate remedy (see M.C.A. s. 87, sub. 2). An application against any person claiming to hold a corporate office shall not be made after the expiration of twelve months from the time when he became disqualified after election (M.C.A. s. 225, sub. i.) And it must be made promptly, for, if there be unreasonable delay, the court will refuse to grant it, even though the application be made within the twelve months {R. v. Hodson, 4 Q. B. 648 n. ; ex parte Birkbeck, L. R. 9 Q. B. 256; R. v. Preece, 5 Q. B. 94). And an election not called in question within twelve months after the election shall be deemed to have been to all intents a good and valid election (M.C.A. s. "JT)). But where the disqualification is continuous, e.g. where a person is disqualified by reason of having entered into a continuing contract with the corporation, the applica- tion is not too late although made after twelve months from the commencement of the disqualification, or from the election of the defendant {R. v. Francis, 18 Q. B. 526). The office must be of a public nature and a sub- stantial office, and not merely the function or employ- public and not ment of a deputy or servant held at the will and pleasure held at will. Qf Q^j^gj.g ^j)arleyw. The Queen, 12 CI. & F. 541, 542). Therefore quo warranto does not lie in respect of the offices of clerk to county justices {R. v. Fox, 8 E. & B. 399) ; clerk to a local authority {ex parte Richards, 3 O. B. D. 368) ; collector of rates {R. v. Whelan, 20 L. R. In 461 ; or county treasurer, if he is dismissible at the pleasure of the county justices {R.m. Justices of Herefora- shire, i Chit. 700). But it lies where the office of county treasurer is of a permanent nature {Barley v. J lie Queen, 12 CI. & F. 520; and see R. v. Hampton, Must be Quo Warranto. 221 6 B. & S. 931) ; and in respect of the office of clerk of Cii.vr. XXIV. the peace {R. v. Hayivard, 2 B. & S. 585 ; but sec A', v. Russell, 10 B. &. S. 91). The office must be full dc facto ; i.e. there must have Must be full, been a real and not merely a colourable election, and the ])crson must have been admitted to the office {R. v. Mayor of Colchester, 2 T. R. 259; R. v. Mayor of Oxford, 6 A. & E. 349 ; Frost v. Mayor of Chester, 5 E. & B. 531 ; R.v. Mayor of Winchester, 7 A. & E. 215 ; A. v. Slatter, 1 1 A. & E. 505). If the election was merely colourable and no real election, the office is not full d: facto, and the remedy is by mandamus, and not by quo warranto {R. v. Cambridge, 4 Burr. 2010 ; R.v. Bankes, 3 Burr. 1454 ; R. v. Mayor, etc., of Oxford, 6 A. & E. 349 ; R. V. Mayor, etc., of Leeds, 11 A. & E. 512). A mere claim to the office is insufficient, there must be a user as well as a claim {R. v. Whitwcll, 5 T. R. 85) ; nor is it sufficient that the person has tendered himself to be sworn, if he has not been sworn {ib.) ; or has allowed his name to remain on the burgess roll after notice of objection to his qualification {R. v, Arnistro7ig, 25 L. J. Q. B. 238). But, if actual user is proved, it is unneces- sary to prove also a formal acceptance {R. v. Onayle, 1 1 A. & E. 508). The granting of a quo warranto is discretionary with writ is dis- the court, even when a good objection to the title is cretionary. shown {R. V. Daives, 4 Burr. 2022 ; R. v. Sargent, 5 T. R. 467 ; R. V. Parry, 6 A. & E. 810). And, if some other body, such as the Local Government Board, is inquiring into the validity of the election, the court may, in its discretion, refuse a quo warranto {R. v. Hanipton, 6 B. & S. 932). A quo warranto cannot now be granted on the ground Grounds for that the holder of an office under the L.G.A. was dis- application. qualified at the time of his election, or that he was not duly elected by a majority of lawful votes, as a local government election can only be questioned on these grounds by an election petition {M.C.A. s. 87, subs, i, 2). But it may be granted on the ground that the election itself was invalid by reason of irregularity {R. v. McGoivan, s22 Ojio Warranto. and resigna tion. CiiAP.XXlV. II A. & E. 869 ; R. v. Mayor of Winchester, 7 A. & E. 215 ; R.\. Backhouse, L. R. 2 Q. B. 16 ; R. v. Rippon, i O. B. D. 217) ; or that the defendant was not properly- admitted to the ofifice {Mayor of Penryns Case, i Stra. 582 ; R. V. Coiirtenay, 9 East. 246 ; R. v. Sivyer, 10 B. & C. 486) ; or that he has subsequently become disqualified {R. V. Phippen, 7 A. & E. 966 ; R. v. Francis, 18 Q. B. 526) ; or that by non-user or long neglect, mis-user or abuse of the office, he is no longer entitled to retain it {Peter v. Kendall, 6 B. & C. 703 ; 3 Black Comm. 262). Cesser of office If the defendant has ceased to hold the office, a quo warranto will not in general be granted. But resignation, whether before or after the application, is no answer {R. V Blizard, L. R. 2 O. B. 55 ; R. v. Warloiv, 2 M. & S. 75) ; and when the object is to try a civil right {R. v. New Radnor, 2 Ld. Keny. 498) ; or where something done in the office may affect the general administration of affairs in the county or borough {re Harris, 6 A. & E. at p. 477), a quo warranto will be granted. Again, if the alleged irregularity does not affect the result of the election, the court will refuse its leave to the issue of a quo warranto {R. v. Ward, L. R. 8 O. B. 2 10 ; R. v. Cousins, ib. 216). And quo warranto is not the proper proceeding to question the performance of any judicial, not ministerial, function ; e.g. an error of a returning officer in his judicial character {R. v. Collins, 2 Q. B. D. 30 ; R. V. Russell, 10 B. & S. 91 ; i?. v. Dip- lock, L. R. 4 O. B. 549). The relator need not be a burgess or county elector if he is an inhabitant of the county and subject to the control of the county council {R. v. Hodge, 2 B. & A. 344 ;/.; R. V. Parry, 6 A. & E. 810; R.v. Quayle, 11 A. & E. 508). A mere stranger, " prowling into other men's rights," cannot be a relator {R. v. Kemp, i East. 46 n. ; R. V. Stacey, i T. R. 3) ; nor can a stranger set in motion a member of a corporation to stir up a question for a purpose entirely unconnected with the concerns of the corporation {R. v. Trevenen, 2 B. & A. 339 ; 7?. v. Wakelin, i B. & Ad. 50). Irregularity not affecting result of election. Who may be. Quo ]Varra?ito. 223 The relator must not have concurred or acquiesced in Chap. XXIV. the act of which he comes to the court to complain, or in similar acts at former elections [R. v. Syuivions, 4 T. R. 223 ; R. V. Clarke, i East. 38 ; R. v. Loft house, L. R. I Q. B. 433), unless he can show that he was ignorant of the objection {R. v. Sly the, 6 B. & C. 240 ; see R. V. Trevenen, 2 B. & A. 339). But merely acting with the defendant in corporation business is not a valid objection to the relator (A', v. Benney, i B. & Ad. 684). Ten days' notice of the application must be given to notice of the person intended to be affected thereby, setting forth api'licatiox. the grounds of the application, and accompanied by a copy of the affidavits intended to be used in support of the application (M.C.A. s. 225, subs. 2, 3, 4 ; C. O. R. 52, 53, 56). The relator must depose that the motion is made at his instance as relator (C. O. R. 54). If the affidavits are insufficient, the court may refuse to allow them to be amended, and may leave the relator to renew his application on better materials {R. v. Bai'zey, 4 M. & S. 253 ; R. V. Thirhvin, 9 L. T. 731). An affi- davit by one unobjectionable relator may be aided by the affidavits of others, although the latter are not qualified as relators {R. v. Brame, 4 A. & E. 664 ; R. v. Pany, 6 A. & E. 810). Where the relator is not the real relator, but is put costs. forward and is acting at the instigation of others, and is s^curitT" in low and indigent circumstances, the court may order security for costs to be given {R. v. Dudley, 7 Dowl. 700 ; R. V. Wakelin, i B. & Ad. 50). But it will not do so where the relator is a member of the corporation, and is interested in the matter complained of, even though he be insolvent {R. v. Wynne, 2 M. & S. 346). The costs of the order nisi, and of showing cause, are Costs of order entirely in the discretion of the court, whether the order "'^'' be discharged or made absolute (C. O. R. 300). In discharging the order nisi, the court may impose the costs on the solicitor, or other parties joining in the application (C. O. R. 56 ; and see R. v. Greene, 4 O. B. 646). But if the order nisi is discharged on some pre- liminary objection, the court may refuse to give costs to 224 Q^^(^ Warranto. Chap. XXIV. the defendant {R. v. Proprietors of Nottingham Journal, 9 Dowl. 1042). REcoGNi- If the order nisi is made absolute, the relator must z.\NCE. enter into a recognizance in the penalty of ^^50 to prosecute and to abide by the court's order (C. O. R. 46). PLEADINGS. After the order nisi has been made absolute, the infor- mation is filed (C. O. R. 46), and is pleaded to as if it Special Case, were a Statement of claim in an action {ib. 1 34). A special case may be stated (C. O. R. 140)- DISCLAIMER. Thc defendant may file a disclaimer, upon which judgment of ouster may be entered and the costs taxed as in judgment by default (C. O. R. 59). TRIAL. Notice of trial is given, and the trial and subsequent proceedings take place, as in an action. ( 225 ) CHAPTER XXV. Chap. XXV. EXCEPTIONAL PROVISIONS AS TO THE COUNTY COUNCIL FOR LONDON. Defiiiitio7is *' Metropolis''' . " Administrative county " Administrative connty London . Nujnber of county councillors And of county aldertnen 225 •^f 226 Electors rcsidetit within fifteen miles .... 226 Register of electors Returning officer . Advance for expenses Ballot boxes and fittings Place of first meeting of p7V visional council . , 227 I The " metropolis " means the city of London and the parishes and places mentioned in Schedules A, B, and C, to the Metropolis Management Act, 1855 (18 & 19 Vict. c. 120) as amended by subsequent Acts (L.G.A. s. 100). The expression " administrative county " means the area for which a county council is elected in pursuance of the L.G.A., but does not (except where expressly mentioned) include a county borough (L.G.A. s. 100). The county boroughs are defined in L.G.A. s. 31. The metropolis shall, on and after the appointed day, be an administrative county for the purposes of the L.G.A. by the name of the administrative county of London (L.G.A. s. 40, sub. i). The number of the county councillors for the adminis- trative county of London shall be double the number of members which at the passing of the L.G.A. the pariia- mentary boroughs in the metropolis arc authorized by law to return to serve in parliament ; and each such borough, or if it is divided into divisions, each division Q Definitions. " Metropolis." " Administra- tive county." Administra- tive county of London. Number of county councillors. 226 Exceptional Provisions Chap. XXV, And of county aldermen. Electors resident within fifteen miles. Register of electors. Returning officer. Advance for expenses. Ballot boxes and fittings. thereof, shall be an electoral division for the purposes of the L.G.A., and the number of county councillors elected for each such electoral division shall be double the number of members of parliament which such borough or division is at the passing of the L.G.A. entitled to return to serve in Parliament (L.G.A. s. 40, sub. 4) ; provided that the number of county aldermen in the administrative county of London shall not exceed one- sixth of the whole number of county councillors {ib. sub. 5). A person who is entitled to be registered as a county elector in respect of any qualification in the administra- tive county of London, in all respects except that of residence, and is resident beyond seven miles, but within fifteen miles of the county, shall be entitled to be registered as a county elector (L.G.A. s. 'j'j). The returning officer shall make up the county register and division registers of the county electors for the purposes of the first election, and shall make them up out of the lists of voters made out in the year 1888, and shall make the necessary alterations in the forms of those lists, and the secondary of London, town clerks of the parliamentary boroughs, and the clerks of the peace of Middlesex, Surrey, and Kent, shall deliver to the said returning officer such number of copies of the revised lists of electors as he may require (L.G.A. s. 103, sub. 8). The returning officer for the first election shall be such fit person as the Local Government Board may appoint, and such returning officer shall, for the purposes of such election, have the powers and duties of the sheriff (L.G.A. s. 103, sub. 7). The Metropolitan Board of Works shall advance to the returning officer such sum as is authorized by the L.G.A. to be advanced by county councils to returning officers for the purposes of an election (L.G.A. s. 105, sub. 9, & see ante, p. 63). Any sheriff, under-sheriff, officer of the London School Board, or other public ofiicer having authority in the metropolis, and being in possession of any ballot boxes as to Cou7ity Council for London. 227 or other fittings or arrangements for an election, shall Chap. xxv. permit such returning officer to use the same for the purposes of the first election (L.G.A. s. 103, sub. 7). The provisional council of the county of London shall Place of first be entitled to use the buildings belonging to the irrotSional Metropolitan Board of Works, so that they do not council, interfere with the holding of any court (L.G.A. s. 106, subs. 3, 5). The first meeting of the provisional council may therefore be summoned for, and held in, any such building-. O 2 ( 229 ' APPENDIX I. FORMS.* App. L I. 2. 3- 4- 5- 6. 7- 8. 9- lO. II. 12. 13- 14. 15- 16. Agreement for hire of committee room „ to provide compartments and furnish polling stations Appointment of candidate's representative Candidate's consent to nomination Declaration as to election expenses „ on acceptance of office Instructions to polling agents List of persons elected (uncontested election Nomination paper ..... Notice of election ,, candidates validly nominated . „ withdrawal from candidature. „ candidates elected (contested elec tion) ..... „ to candidates of nominations Objection to nomination paper Return to clerk of the county council Summons to attend first meeting of pro visional council ..... Writ to borough returning officer 229 230 231 232 J? 233 5> 241 ?> 242 243 244 J> 245 246 rooin.f The Local Government Act, 1888. 1. Agreement Election of county councillor for the electoral division for hire of of the county of to be held on the day of committee January, 1889. I, A. B., o( , Esq., a candidate at the election of county councillor for the division of the county of to be held on the day of January, 1889, do hereby * For other election forms, see Election Agent, p. 462. t See a/iU', p. 80. 230 Forms. App. I. agree to hire, and I, K. K, of in consideration of the sum of ^ , to be paid to me by the said A. B., do hereby agree to let, the room known as [describe the room or premises] to be used from this day forth until the close of the poll as a Committee Room for the said A. B. at the said election. And for the consideration aforesaid I, the said K. K., further agree to supply reasonable firing, lighting, and cleaning for the said room. Dated this day of i88 . (Signed) A. B. K. K. Witness P. Q. (Address) {Description) 2, [Title as in No. i, ante, p. 229.] Agreement to , - 00 t «. provide com- AGREEMENT made the day of 1889, between partments and JP^ F., oi j furnish polling (hereinafter called " the contractor") of the one part, and K Z, stations.* ^^ ^ ^Yitxm of the county of (hereinafler called " the sheriff") of the other part, whereby it is mutually agreed as follows : — 1. The contractor shall provide, set up, and maintain, in complete compliance with the requirements of the Ballot Act, 1872, and to the satisfaction in all respects of the sheriff, his deputy or under-sheriff, in each of the polling stations men- tioned in the first column of the schedule hereto, such number of secret compartments as are specified in the second column of the said schedule, and shall provide at each station all tables, desks, barriers, and all such other furniture, as is necessary and usual, or as shall be required by the sheriff", his deputy, or under-sheriff", for the use of the presiding officer, poll clerks, candidates, polling agents and voters, at the election of county councillor for the electoral division of the county of to be held on the day of January 1889, together also with light and fire from seven o'clock a.m. to nine o'clock p.m. on the day of election or any adjourned day of election. 2. The said compartments, tables, desks, barriers, and furniture shall be put, placed, and set up, ready for use in each of the said polling stations, without damage or injury to the respective rooms or buildings used as the said polling stations, or to the furniture, fittings or fixtures, now or then * See ante, p. 117. Forms. 231 therein, by o'clock p.m. at the latest on the day previous Arr. I. to the day of election, and shall be removed therefrom, without damage or injury as aforesaid, on the day succeeding the day on which the poll shall be closed. [3. The contractor shall, on the day before the day of election, post or cause to be posted on the outside of every polling station, and inside every secret compartment of such polling station, all placards and posters which the sheriff, his deputy or under-sheriff, shall instruct him to so post, and which shall be supplied to him by the sheriff, his deputy, or under-sheriff, and shall keep the same so posted until after the close of the poll.] 4. Upon payment by the county council to the sheriff of the charges of the sheriff as returning officer, the sheriff shall pay to the contractor such sum or sums as shall be allowed to the sheriff on the taxation or settlement of his charges for the works herein required to be done and any materials herein required to be supplied. And the contractor shall accept such sum or sums in full payment for all works requilred to be done and materials to be supplied by him under this agreement. 5. The contractor shall be answerable for all damage done to any polling station or room used as a polling station in the erection or removal of the said compartments, tables, desks, barriers, and furniture, and hereby undertakes to indemnify the sheriff therefrom, and also from all damages, costs, charges, and expenses, which shall or may be incurred by the sheriff owing to any neglect, omission, or failure on the part of the contractor, his agents or servants in complying with this agreement. In witness, &c., The Schedule above referred to. Name of Polling Station. No. of Compartments to be Erected. \Titlc as in No. i, ante, p. 229.] 3^ I, A. B., of Esq., a candidate at the election of Appointment county councillor for the electoral division of °^ candidate s the county of , to be held on the tative.* * Prescribed by M.C.A. sch. III. pt. II. r. ii ; see ante, p. lOl. 232 Forms, App. I. 4. Candidate's consent to nomination.'' day of January, 1889, hereby appoint G. H., of , to attend as my Representative and on my behalf, the proceedings before the Returning Officer of the said county, or his deputy, with reference to objections to the nomination papers of candidates at such election. And I, the said G. IT., hereby accept the above appointment, and agree to attend the proceedings aforesaid. Dated this Witness F. Q. [Address) {Description) day of (Signed) 188 A.B. G.H. [Title as in No. i, ante, p. 229.] I, A. B., o^ Esq., a candidate at the election of county councillor for the electoral division of the county of to be held on the day of January, 1889, being now absent from the United Kingdom, do hereby Consent to be Nominated as a candidate at the above named election. Dated tliis 1889. day of (Signed) A. B. Witnesses to the above signature of ^. B.^ Esq. P. (2. {Address) {Description) R. S, {Address) {Description) expenses.! 5. Declaration as l^ having been a candidate at the election of county coun- to election ciUor for the electoral division of the county of held on the day of January, 1889, do hereby solemnly and sincerely declare that I [and my agents] have paid for my expenses at the said election, and that, except as aforesaid, I have not, and to the best of my knowledge and belief, no person, nor any club, society, or * Prescribed by M.C.A. sch. III. pt. II. r. 16; see ante, p. 100. t This is the form in M. E.C.I. P. A. sch. IV., and is prescribed by id, s. 21, sub. 3. See ante, p. 164. Forms. 233 association, has, on my behalf, made any payment, or given, Arr. I. promised, or oftered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that, except as aforesaid, no money, security, or equivalent for money, has to my knowledge or belief been paid, advanced, given, or deposited by any one to or in the hands of myself, or any other person, for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I will not at any future time make or be a party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be a party to the providing of any money, security, or equivalent for money for the purpose of defraying any such expenses. (Signature of declarant) A. B. Signed and declared by the above-named declarant on the day of , before me, (Signed) E. F., Justice of tJic Peace for 6. I, A. B., having been elected chairman of county council \or Declaration county alderman, <;/- county councillor], for the [electoral division °J? '^cciitance of the] county of , hereby declare that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof, according to the best of my judgment and ability \and hi the case of the person being qualified by estate say, And I hereby declare that I am seised or possessed of real or personal estate, or both \as the case may be\, to the value or amount of one thousand pounds, or five hundred pounds \as the case may req2iire\, over and above what will satisfy my just debts]. \Title as in No. i, ante, p. 229.] "7^ Candidature of A. B., Esq. Instmctions ' ^ to polling Preliminary. agents.f I. Carefully read, and make yourself master of, these Master these instructions. instructions. * This is Form A in ALCA. sch. VIII. pt. I., and is prescribed by iO. s. 35. See ante, p. 1S7. t See ante, p. 136. 234 Forms. Apr. I. For explana- tions apply to candidate. Object of these instruc- tions. Vote of poll- ing agent. Responsibility for accom- panying docu- ments. Duties stated generally. Marked register. 2. If you find any explanation of these instructions to be necessary, apply to A. B., Esq., and your application will be at once attended to. 3. These instructions are to be considered as a guide and assistant merely. They are not intended to control your dis- cretion or to limit or define your powers. You must make yourself acquainted with the law and with the duties of your oftice. 4. If you are a paid polling agent, you cannot vote ; if not paid for your services, and if a voter, you are particularly re- quested to give your vote immediately after the opening of the poll. 5. You are responsible for all the papers and documents entrusted to you ; you must see that they are duly cared for, and that they are, at the close of the poll, handed over to A.B., Esq., or to such person as he may appoint. Your copy of the register (see paragraph 7) will be of great use after the poll, and you should therefore take especial care to preserve it, and to mark it as directed by these instructions. 6. Stated generally, your duties are : — ((?) To prevent any person, other than the real person on the register, from voting, or from voting a second time. (l/) To keep upon your copy of the register a correct record of the voters who have polled at your station. (c) To take an exact note of any irregularity, or of anything unusual occurring at your station. 7. Accompanying these instructions is a copy of the register containing the registered numbers, names, and addresses of all voters entitled to poll at the polling station to which you are assigned. No other person can poll at that station. Against each name is a Red or Blue mark : — (a) Red signifying that the voter is expected to vote for A. B., Esq. (l?) Blue signifying that the voter is expected to vote for C. Z>., Esq. The voters marked with the [blue] mark are those who may be personated by the party. The copy of the register also contains words indicating the voters who will not poll, or are not likely (for the reason mentioned) to poll at the polling station to which you are assigned. Thus, the dead electors are marked " Dead " ; those expected to be prevented from polling on account of ill health are marked " Sick " ; those absent from home are marked "Absent"; those who have left the constituency are marked " Removed " ; those dis- qualified from voting (e.g. by reason of their being paid agents, aliens, etc.) are marked " Disqualified " ; and those possessing more than one qualification, rc/zo max have voted at aiiothcr polling station, or in another district, are marked " Duplicate." Forms. 235 You must before the day of election make yourself well ac- App. I. quainted with these marks, and witli any notes or remarks appearing on your copy of the register. 8. Should you require any assistance during the poll, you For assist- must despatch a messenger to A. B., Esq., but must not on ^"<^^> ^^".^^ to any account leave your polling station. ^""^ candidate. 9. You must duly make the declaration of secrecy before Taking the the opening of the poll. The returning officer or a justice of 'declaration of the peace are empowered to take this declaration. secrecy. ID. You must take with you to the polling station your Documents to appointment as polling agent, your copy of the register, a lead ^^ t?^^" to pencil, and a few sheets of note paper. polling Opening the Poll. 11. The poll commences at eight a.m. precisely, and closes Hours of poll at eight p.m. precisely (Greenwich mean time). You must be and attend- at your polling station at a quarter before eight a.m., and must ^^^^ ^'■ remain at the station until after the poll has closed. If you desire to leave the polling station for any purpose, you must obtain permission from the presiding officer. 12. You should observe that just before the commencement Showing, of the poll the presiding officer s/i07C's the ballot box empty to locking, and such persons as may be present in the station, so that they may ^^^^' ^ see that it is empty ; that the presiding officer then locks it up, and so seals it with his seal as that it cannot be opened without breaking such seal ; that he places it near him, and keeps it in his view during the continuance of the poll. Once sealed, the ballot box can on no account be again opened. 13. You should also observe: — ist, that a notice showing Obser^•e that for what voters the station is allotted, and the directions for notices, &c., the guidance of voters in voting, are posted outside the station ; posted. 2nd, that before and during the polling hours the directions for the guidance of voters in voting are kept posted inside each compartment ; 3rd, that a black-lead pencil for marking the ballot papers is provided and kept sufficiently pointed for use in each compartment during polling hours ; 4th, that nothing is printed or written on, or inside, the compartments except the above-named directions. 14. The only persons entitled to be present in the polling Persons en- station besides the presiding officer, poll clerks, and voters titled to be m voting or waiting to vote, are the candidates and their polling agents, two electors and the constables on duty. The presiding officer should exclude all other persons, and, if need be, you must require him to do so. 15. When a voter comes up to vote, the presiding officer or Application the poll clerk will ask the voter his name, and having ascer- ^^^'^^'^ ^f tained that the voter is on the register for the station, will call Fallot paper. 236 Forms. App. I. Duty of poll- ing agent thereon. "What ques- tions may be put to voter. Other ques- tions should be objected to, out the voter's number, name, and qualification as stated in the register ; will make a mark in the margin against the voter's name in the register, to show that he has received a ballot paper ; will write the voter's registered number on the counter- foil, will then detach the ballot paper from the counterfoil, will stamp the ballot paper with the official mark, and will then hand the ballot paper to the voter. No mark of any kind is to be put upon the ballot paper by the presiding officer except the official mark, and none upon the counterfoil except the above- named registered number. 16. You will listen to the name given by the voter and called out by the presiding officer to his poll clerk, will look it out in your copy of the register, and will strike it out with your pencil, to show that such voter has received a ballot paper. If the name be that of a and be marked [blue] in your copy of the register, you will notice the remarks, if any, that appear against such name. If the remarks suggest that the voter is not likely to vote, you will require the presiding officer to put to the voter the questions specified in the next paragraph. 17. No inquiry shall be permitted as to the right of any person to vote, except that the presiding officer or his poll clerk shall, if required by any candidate or any candidate's polling agent, put to the voter at the time of his applying for a ballot paper, and not aftcrivards, the two statutory questions, or either of them, viz. : — (i) Are you the person enrolled in the burgess roll \oi- regis- tered in the register of county electors] now in force for this electoral division as follows [reading the whole entry from the roll or regista-\ ? (2) Have you already voted, at the present election in this or any other electoral division ? The first of these questions is as to the identity of the person, and not as to the identity of name. The inquiry is not whether the voter's name is A. £., but whether he is the person whose name (whatever that may be) appears as A. B. The person actually registered, may, therefore, safely answer this question, although his name is incorrectly stated on the register. After these questions have been put, you will write Q. P. (Questions Put) against the name of the voter in your copy of the register. 18. You are desired to take especial care that no other questions than the above — not even as to Residence — are put by the presiding officer (or by the polling agent of the opposing candidate) to any voter who may be supposed to be favourable to A. £., Esq., and, should any other question be put, to tell the voter he need not ansiuer it. No question must be put except on the request of a candidate, of two electors, or of a polling agent appointed in writing, whose appointment has been given to the Forms. 237 presiding officer previous to the opening of the poll, and who Ait. I. has made the declaration of secrecy. 19. The questions should be calmly and deliberately put, How ques- and answered, and in making his replies the voter should be I'o'is should protected from interruption or interference. "^ P"'* 20. If the first of the two questions set out in paragraph 17 Satisfactory be satisfactorily answered by the voter in the affirmative, and answers, the second in the negative, it is imperative on the presiding officer to allow the voter to poll. 21. If the answers to either of the above questions be Unsatisfactory unsatisfactory, and if you have reason to disbelieve the voter's answers. answers, and if the information on your copy of the register with respect to the voter be positive, or if the circumstances are very suspicious, and admit of No Doubt in your mind that a personation of a voter has taken place, you must declare to the presiding officer as specified in the next paragraph, where- upon the voter will be given into custody. You must however bear in mind that a mistake on your part may subject you to an action for damages, and your candidate to a fine of from £^^ to ;^io. 22. If any polling agent shall, at the time a voter applies for Arrest and a ballot paper, or after he has voted, and before he leaves the ^'j'^'^^°^ station, declare to the presiding officer that he (the agent) persl^nator. verily believes and undertakes to prove that such voter is not in fact the person in whose name he assumes to vote, or to the like effect, the presidiug officer shall order such voter into custody. And if the voter answers in the affirmative the statutory questions, the presiding officer shall not reject the vote, but shall cause the words, " protested against for person- ation," to be placed against the vote of the person so charged in the register. No poll clerk or polling agent can order a person into custody or order the removal of any person from the polling station. 23. Upon any voter being thus given into custody, you will Proceedings take a note of the fact in your copy of the register opposite to »" ^'rest . .- i '■,■', , ^^ '■ ■ , being made, the voter s name, and, if the arrest has been at your mstance, you should send word to A. B., Esq., at once if possible, so that he may give instructions, or arrange to attend the police court immediately after the poll, on the hearing of the charge. 24. The presiding officer should not refuse a ballot paper to Misnomer or a voter on account of any misnomer or inaccurate description J";'i"f"^^'^^ '" in the register, if such voter be on the register and the iiresiding '^ officer be satisfied of the identity of the person applying to vote. 25. Having received his ballot paper, the voter at once Mode of proceeds with it into one of the compartments, and there voting, secretly marks his vote, by placing a cross (X) on the right- hand side opposite the name of [each] candidate for whom he votes ; he then folds up the ballot paper so as to conceal the 2^,8 Forms. A pp. I, Spoilt ballot paper. Blind, Jewish, and illiterate voters. Taking steps to secure secrecy in such cases. Taking the declarations of inability to read. Tendered votes after personation. mark which he has made, but so as to show the official stamped mark on the back ; he then leaves the compartment, and takes the ballot paper so folded, and without showing the front of the ballot paper to any person, to the ballot box ; shows the official mark on the back of the folded ballot paper to the presiding officer, or, in his absence, to the poll clerk ; then at once places it in the ballot box, and immediately quits the station. No undue delay in voting is to be allowed. You must see that the regulations in this and in paragraph 15 are strictly observed, and, if any deviations are made, you must note down the particulars and the cases in which they occur. 26. If a voter inadvertently deals with his ballot paper in such a manner as that it cannot be conveniently used as a ballot paper, he may, on delivering it up and proving the fact of such inadvertence to, and to the satisfaction of, the presiding officer or his poll clerk, obtain another ballot paper, and the spoilt ballot paper is immediately marked " cancelled," but must not be destroyed or put in the ballot box. 27. If the voter : — (i.) Is incapacitated, from blindness or other physical cause, from marking his ballot paper ; or (2.) Verbally declares (if the poll be taken on a Saturday) that he is a Jew, and objects, on religious grounds, to mark his vote ; or (3.) Makes the declaration that he is unable to read ; then, and in any of such three cases only, the presiding officer or his poll clerk marks the ballot paper for the voter and as he directs, and then places it in the ballot box, and enters the name and registered number of the voter in the " List of Votes marked by the Presiding Officer." 28. Before so marking the votes in any of the three cases last mentioned, the presiding officer or his poll clerk must take due steps to secure secrecy ; he must either clear the station or take such other steps as he may deem requisite to prevent any other voter, or any constable, from knowing how and for whom the vote is given. The votes are, however, to be so marked in the presence of the candidates' polling agents, or such of them as may be present and in attendance. You need not keep any record of these votes unless something particular takes place. 29. The declaration of inability to read, named in the third case in paragraph 27 supra, must be read to the voter, and signed by him with his mark in the presence of the presiding officer or his poll clerk, who signs the certificate at the foot of the declaration, and retains such declaration. 30. If a person representing himself to be a particular voter named on the register, applies for a ballot paper after another person has voted as such voter, the presiding officer or his poll clerk, without being so required by any candidate, Forms. 239 elector, or agent, puts the two statutory questions, and, if sucli App. I. questions are duly answered, the presiding officer or his poll clerk hands to such person a tendered ballot paper, which tendered ballot paper such person is entitled to mark in the same manner as any other voter, but whicli is handed to the presiding officer or his poll clerk, instead of being put into the ballot box, and is indorsed by the presiding officer or his poll clerk with the name of the voter and the number on the register, and the presiding officer or poll clerk enters such person's name and registered number in the '' Tendered Votes List." The coloured ballot papers are the tendered ballot papers. You must insist upon these votes being taken, and must enter particulars on your register. 31. The presiding officer and his poll clerk does not supply I" what cases ballot papers to :— shoutl^be "^ (i.) Persons whose names are not on the register of voters refused. assigned to his polling station, or against whose names asterisks {*) are placed, with the foot-note " Not for Voting ; " (2.) Persons who refuse to answer the statutory questions, or either of them, if required to be put ; (3.) Persons who appear by their answers not to be the same persons whose names appear on the register of voters, or who appear to have voted before at the present election ; but supplies them to all other voters. 32. If a lunatic, a childish person, a drunkard, or a deaf Lunatics, and dumb or infirm person, presents himself to vote, the pre- <^™"^^'''^s. siding officer must, before delivering to him a ballot paper, persons, satisfy himself by the voter's statements (which in the case of a deaf and dumb person may be given in writing or by signs), that the voter understands the purpose for which he has come to the polling station. If any candidate's polling agent requires the statutory questions to be put to such a voter, the presiding officer must further satisfy himself that the voter understands the nature of the statutory questions ; and the voter must, by the means aforesaid, be able satisfactorily to answer such questions. Upon these requirements being satisfactorily fulfilled, the voter is entitled to receive a ballot paper. 7,7,. The Ballot Act (section 4) expressly prohibits any agent Secrecy must in attendance at a polling station from communicating before ^ Pi'eservc . the poll is closed the name or register number of any voter who has or has not applied for a ballot paper, or voted at that station. No such information must therefore be given or attempted to be given, verbally or in writing, by you, and you will at once inform the presiding officer of any attempt to prevent any infringement of this law by the polling agent for the other candidate or by any other person. 240 Forms. App. i. Register, &c., must not be taken away before poll closed. Closing and sealing up the ballot box. No ballot paper to be given out after poll closed. Making up the ballot papers, &c., into packets. 34. The polling agent for the other candidate must not be allowed to take his register, nor to send any improper message, paper, or memorandum, out of the polling station before the close of the poll. The attention of the presiding officer must be called by you to any infraction or attempted infraction of this rule. The presiding officer may also refuse to permit you to take your marked register out of the polling station before the poll has closed. 35. The poll closes at eight p.m. (Greenwich mean tmie). At that hour precisely, the "presiding officer covers over the opening in, and seals up, the ballot box, so as to prevent the introduction of additional ballot papers. 36. The presiding officer cannot give out any ballot paper after eight p.m., but may allow voters in the polling station, and who may have received ballot papers before that hour, to mark and deposit them in the ballot box. 37. The presiding officer then clears the station of all persons except his poll clerks, such of the candidates' polling ao-ents as desire to remain, and such constables on duty as he deems it desirable to retain inside the station. He then fills up and signs the " Statement of the Number of Votes marked by the Presiding Officer " and the " Ballot Paper Account," and in the presence of such of the polling agents of the candidates as are in attendance, makes up into separate packets, seals with his seal, and the seals of such of the can- didates' polling agents as desire to affix their seals :— (i.) The ballot box unopened, but with the key attached, and the opening covered over and sealed up ; (2.)— (^) The unused (white) ballot papers, {b) the unused (coloured) ballot papers, and {c) the spoilt ballot papers, all placed together in one packet ; (3.) The tendered ballot papers used ; (4J — {a) The presiding officer's marked copy of the register of voters, and {h) the counterfoils of the ordinary and tendered ballot papers used, the register and counterfoils being sealed up separately, but both placed in one packet ; {c^)—{a) The tendered votes list, {b) the list of votes marked by the presiding officer, {c) the statement of the number of voters whose votes are so marked by him, and {d) the declarations of inability to read which have been filled up and used. These packets are forthwith delivered by the presiding officer to the returning officer, and you must accompany them. _ You must also attend at the counting of the votes, to verify, if required, your seal on the ballot box and packets. Forms. 241 The Local Government Act, i< A pp. I. Election of County Councillor for the electoral ^ ■ ,. c ■' 1111 List of persons held on the elected (un- division of the county of day of January, 1889. I, the Returning Officer at the above election, hereby pub- lish the following contested election).^ List of the Persons Elected at the above election, viz. A. B., of Esq. \descnbi?ig him as in his tiomination paper, and the other persons elected, if any. ^ Dated this day of January, i88g. Y.Z., Sheriff \or Mayor, or Alderman] and Returning Officer. Printed and published by JV. X., of \_Titlc as in No i., atite, p. 229.J 9. We, the undersigned, being respectively electors \or bur- Nomination gesses] hereby nominate the following person as a candidate at the said election. Surname. Other Names. Abode. Description. Signature. Number on county register [or burgess roll], with the electoral division or polling district, if any, having a distinct numbering. * Prescribed by M.C.A. t See a7Ue, p. 94. 57 ; see ante; p. loj 242 Forms. App. T. We, the undersigned, being respectively electors \or bur- gesses], hereby assent to the nomination of the above-named person as a candidate at the said election. Dated this day of Signature. Number on county register [hich are repealed^ obsolete^ or i7-relevant to the subject-matter of this book. 6 & 7 Vict. c. i8. An Act to amend the Laio for the Registration of Persons entitled to vote, and to define certain Rights of voti7ig, and to regulate certain Proceedings in the Election of Mernbers to serve in Parliajnent for England and Wales. [31st May 1843.] 85. " * * It shall be lawful for any candidate, at any elec- Agents may tion of a member or members to serve in Parliament for any °^ JPP°|5Ses county, city, or borough, previous to the time fixed for taking ^^ ^^x^^a per- the poll at such election, to nominate and appoint an agent sonation at or agents on his behalf to attend at each or any of the booths the time of appointed for taking the poll at such election, for the purpose poUmg. of detecting personation ; and such candidate shall give notice in writing to the returning ofhcer, or his respective deputy, of the name and address of the person or persons so appointed by him to act as agents for such purpose ; and thereupon it shall be lawful for every such agent to attend during the time of polling at the booth or booths for which he shall have been so appointed. -:)- 6 & -] Vict. c. 1 8. App. hi. Returning officer may Older persons charged with personation to be taken into custody. Vote not to be rejected if questions an- swered in the affirmative ; but note of protest to be entered against vote in poll-book. Persons charged with personation to be taken before two justices. Bail to be taken or per- son discharged in certain cases ; but charge may be sub- sequently in- quired into, and persons charged may be re-arrested. 86. '■' * * If at the time any person tenders his vote at such election, or after he has voted, and before he leaves the polling booth, any such agent so appointed as aforesaid shall declare to the returning officer, or his respective deputy, presiding therein, that he verily believes, and undertakes to prove, that the said person so voting is not in fact the person in whose name he assumes to vote, or to the like effect, then and in every such case it shall be lawful for the said returning officer, or his said deputy, and he is hereby required, im- mediately after such person shall have voted, by word of mouth to order any constable or other peace officer to take the said person so voting into his custody, which said order shall be a sufficient warrant and authority to the said constable or peace officer for so doing : Provided always, that nothing herein contained shall be construed or taken to authorize any returning officer, or his deputy, to reject the vote of any person who shall answer in the affirmative the questions authorized by this Act to be put to him at the time of polling, and shall take the oaths or make the affirmations authorized and required of him; but the said returning officer, or his deputy, shall cause the words "protested against for personation," to be placed against the vote of the person so charged with persona- tion when entered in the poll-book. 87. * '"' '"' Every such constable or peace officer shall take the person so in his custody, at the earliest convenient time, before some two justices of the peace acting in and for the county, city, or borough within which the said person shall have so voted as aforesaid : Provided always, that in case the attendance of two such justices as aforesaid cannot be procured within the space of three hours after the close of the poll on the same day on which such person shall have been so taken into custody, it shall be lawful for the said constable or peace officer, and he is hereby required, at the request of such person so in his custody, to take him before any one justice of the peace acting as aforesaid, and such justice is hereby authorized and required to liberate such person on his entering into a recognizance, with one sufficient surety, conditioned to appear before any two such justices as aforesaid, at a time and place to be specified in such recognizance, to answer the said charge ; and if no such justice shall be found within four hours after the closing of the said poll then such person shall forthwith be discharged from custody : Provided also, that if in consequence of the absence of such justices as aforesaid, or for any other cause, the said charge cannot be inquired into within the time aforesaid, it shall be lawful nevertheless for any two such justices as aforesaid to inquire into the same on the next or on some other subsequent day, and, if necessary, to issue their warrant for the apprehension of the person so charcred. Registration, Act, 1843. 253 88. ■"' '" '"' If on the hearing of the said charge the said two Ai-p. III. justices shall be satisfied, upon the evidence on oath of not ~ ; less than two credible witnesses, that the said person so saUsfiedThat^ brought before them has knowingly personated and falsely the person assumed to vote in the name of some other person within the charged has meaning of this Act, and is not in fact the person in whose '^een guilty of name he voted, then it shall be la^vful for the said two justices [h"yTre^'u)°' to commit the said offender to the gaol of the county, city, or commit him borough within which the offence was committed, to take his for trial, trial according to law, and to bind over the witnesses in their respective recognizances to appear and give evidence on such trial as in the case of other misdemeanors. 89. ■"■ '"■ ■"■ If the said justices shall on the hearing of the If justices arc- said charge be satisfied that the said person so charged with JjJ^J^^^iJ^^|.^Jjfg personation is really and in truth the person in whose name he unfoundeci, voted, and that the charge of personation has been made they are to against him without reasonable or just cause, or if the agent order compen- so declaring as aforesaid, or some one on his behalf, shall not ^^''O" > appear to support such charge before the said justices, then it shall be lawful for the said justices, and they are hereby required, to make an order in writing under their hands, on the said agent so declaring as aforesaid, to pay to the said person so falsely charged, if he shall consent to accept the same, any sum not exceeding the sum of ten pounds nor less than five pounds, by way of damages and costs; and if the to be paid by said sum shall not be paid within twenty-four hours after such g^Ji^jt^esTon order shall have been made, then the same shall be levied, ^js goo^^g or by warrant under the hand and seal of any justice of the peace those of his acting as aforesaid, by distress and sale of the goods and principal or chattels of the said agent ; and in case no sufficient goods or ^^^^^J^^f ^^'^f chattels of the said agent can be found on which such levy can be made, then the same shall be levied in like manner on the goods and chattels of the candidate by whom such agent was so appointed to act ; and in case the said sum shall not be paid or levied in the manner aforesaid, then it shall be lawful for the said person to whom the said sum of money was so ordered to be paid to recover the same from the said agent or candidate, with full costs of suit, in an action of debt to be brought in any one of her Majesty's superior courts of record at Westminster: Provided always, that if the person so falsely If party falsely charged shall have declared to the said justices his consent to J^pffJo^p^,,. accept such sum as aforesaid by way of damages and costs, g^fj^j,^ ^^ and if the whole amount of the sum so ordered to be paid action to be shall have been paid or tendered to such person, in every such brought, case, but not otherwise, the said agent, candidate, and every other person shall be released from all actions or other pro- ceedings, civil or criminal, for or in respect of the said charge and apprehension. 254 35 ^ 36 Vict c. zi App. III. THE BALLOT ACT, 1872. 35 & 36 Vict. c. 33. An Act to amend the Law relating to Procedure at Parliamentary and Municipal Elections. [i 8th July 1872.] Part I. Parliamentary Elections. Procedure at Elections. Poll at elec- 2. In the case of a poll at an election the votes shall be tions. given by ballot. The ballot of each voter shall consist of a paper (in this Act called a ballot paper) showing the names and description of the candidates. Each ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face. At the time of voting, the ballot paper shall be marked on both sides with an official mark, and delivered to the voter within the polling station, and the number of such voter on the register of voters shall be marked on the counterfoil, and the voter having secretly marked his vote on the paper, and folded it up so as to conceal his vote, shall place it in a closed box in the presence of the officer presiding at the polling station (in this Act called " the presiding officer ") after having shown to him the official mark at the back. Any ballot paper which has not on its back the official mark, or on which votes are given to more candidates than the voter is entitled to vote for, or on which anything, except the said number on the back, is written or marked by which the voter can be identified, shall be void and not counted. After the close of the poll the ballot boxes shall be sealed up, so as to prevent the introduction of additional ballot papers, and shall be taken charge of by the returning officer, and that officer shall, in the presence of such agents, if any, of the candidates as may be in attendance, open the ballot boxes, and ascertain the result of the poll by counting the votes given to each candidate, and shall forthwith declare to be elected the candidates or candidate to whom the majority of votes have been given, and return their names to the Clerk of the Crown in Chancery. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final, subject to reversal on petition questioning the election or return. Ballot Act, 1872. 255 Offences at Elections. 1_ 3. Every person who, — {2.) Forges or counterfeits or fraudulently defaces or fraudu- Offences in lently destroys any ballot paper or the official mark respect of on any ballot paper ; or nommation / \ ITT- 1 1 1 • T 1 11 iiapers, ballot (3.} VVithout due authority supplies any ballot paper to any papers, and person ; or ballot boxes. (4.) Fraudulently puts into any ballot box any paper other than the ballot paper which he is authorized by law to put in ; or (5.) Fraudulently takes out of the polling station any ballot paper ; or (6.) Without due authority destroys, takes, opens, or other- wise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election ; shall be guilty of a misdemeanor, and be liable, if he is a returning officer or an officer or clerk in attendance at a polling station, to imprisonment for any term not exceeding two years, with or without hard labour, and if he is any other person, to imprisonment for any term not exceeding six months, with or without hard labour. Any attempt to commit any offence specified in this section shall be punishable in the manner in which the offence itself is punishable. In any indictment or other prosecution for an offence in relation to the nomination papers, ballot boxes, ballot papers, and marking instruments at an election, the property in such papers, boxes, and instruments may be stated to be in the returning officer at such election, as well as the property in the counterfoils. 4. Every officer, clerk, and agent in attendance at a polling Infringement station shall maintain and aid in maintaining the secrecy of ^'^ secrecy, the voting in such station, and shall not communicate, except for some purpose authorized by law, before the poll is closed, to any person any information as to the name or number on the register of voters of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk, or agent, and no person who- soever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or com- municate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station. Every officer, clerk, and agent in attendance at 256 35 ^S- 36 Vict. c. 33. App. III. the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper. No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his vote. Every person who acts in contravention of the provisions of this section shall be liable, on summaiy conviction before two justices of the peace, to imprisonment for any term not exceeding six months, with or without hard labour. Amendment of Law. Use of school 6. The returning officer at a parliamentary election may use, and public fj-gg pf charge, for the purpose of taking the poll at such room or po . g]g(,|-JQj^^ ^^j^y j-oom in a school receiving a grant out of moneys provided by Parliament, and any room the expense of main- taining which is payable out of any local rate, but he shall make good any damage done to such room, and defray any expense incurred by the person or body of persons, corporate or unincorporate, having control over the same on account of its being used for the purpose of taking the poll as aforesaid. The use of any room in an unoccupied house for tlie purpose of taking the poll shall not render any person liable to be rated or to pay any rate for such house. General powers and duties of returning officer. Keeping of order in station. Duties of Ketufiiing and Election Officers. 8. Subject to the provisions of this Act, every returning officer shall provide such nomination papers, polling stations, ballot boxes, ballot papers, stamping instnmients, copies of register of voters, and other things, appoint and pay such officers, and do such other acts and things as may be necessary for effectually conducting an election in manner provided by this Act. All expenses properly incurred by any returning officer in carrying mto effect the provisions of this Act, in the case of any parliamentary election, shall be payable in the same manner as expenses incurred in the erection of polling booths at such election are by law payable. 9. If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by any constable in or near that station, or any other person authorized in writing by the returning officer to remove him ; and the person so removed shall not, unless with the permission of the presiding officer^ again be allowed to enter the polling station during the day. Ballot Act, 1872. 257 Any person so removed as aforesaid, if charged with the Arr. III. commission in such station of any offence, may be kept in custody until he can be brought before a justice of the peace. Provided that the powers conferred by this section shall not be exercised so as to prevent any elector who is other\vise entitled to vote at any polling station from having an opportunity of voting at such station. 10. For the purpose of the adjournment of the poll, and of Powers of every other enactment relating to the poll, a presiding officer JJ^^^[./^^ji shall have the power by law belonging to a deputy returning administration officer; and any presiding officer and any clerk appointed by of oaths, &c. the returning officer to attend at a polling station shall have the power of asking the questions and administering the oath authorized by law to be asked of and administered to voters, and any justice of the peace and any returning officer may take and receive any declaration authorized by this Act to be taken before him. 11. Every returning officer, presiding officer, and clerk who Liability of is guilty of any wilful misfeasance or any wilful act or omission ^^^^^J^JJJJ^ in contravention of this Act shall, in addition to any other "^'='<^'^" " penalty or liability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act, or omission a penal sum not exceeding one hundred pounds. Section fifty of the Representation of the People Act, ,^ ^^ ^^^^^ 1867, (which relates to the acting of any returning officer, or ^,_ jq-,^ his partner or clerk, as agent for a candidate,) shall apply to any returning officer or officer appointed by him in pursuance of this Act, and to his partner or clerk. Miscellaneous. 13 No election shall be declared invalid by reason of a Xon-com- non-compliance with the rules contained in the First Schedule pllj^nce wuh to this Act, or any mistake in the use of the forms in the ''^ ^^• Second Schedule to this Act, if it appears to the tribunal having cognizance of the question that the election was con- ducted in accordance with the principles laid down in the body of this Act, and that such non-compliance or mistake did not affect the result of the election. 14. Where a parliamentary borough and municipal borough Use of occupy the whole or any part of the same area, any ballot J^^jJlJ^^'^^^J. boxes or fittings for polling stations and compartments pro- ^^'^. ^^^ ^^^^ vided for such parliamentary borough or such municipal liamentary borough may be used in any municipal or parliamentary election, and election in such borough free of charge, and any damage other vice versa. than reasonable wear and tear caused to the same shall be paid as part of the expenses of the election at which they are so used. . . , 15 This part of this Act shall, so far as is consistent with Con^ruction c of Act. 258 35 ^ 36 Vict. c. 33. App. III. the tenor thereof, be construed as one with the enactments for ■^— ' the time being in force relating to the representation of the people, and to the registration of persons entitled to vote at the election of members to serve in Parliament, and with any enactments otherwise relating to the subject-matter of this part of this Act, and terms used in this part of this Act shall have the same meaning as in the said enactments ; and in construmg the said enactments relating to an election or to the poll or taking the votes by poll, the mode of election and of taking the poll established by this Act shall for the purposes of the said enactments be deemed to be substituted for the mode of election or poll, or taking the votes by poll, referred to in the said enactments ; and any person applying for a ballot paper under this Act shall be deemed " to tender his vote," or " to assume to vote," within the meaning of the said enactments ; and any application for a ballot paper under this Act, ^ or expressions relative thereto, shall be equivalent to " voting " in the said enactments and any expressions relative thereto ; and the term " polling booth " as used in the said enactments shall be deemed to include a polling station; and the term " proclamation " as used in the said enactments shall be deemed to include a public notice given in pursuance of this Act. Part III. Personation. Definition and 24. The following enactments shall be made with respect to punishment of personation at parliamentary and municipal elections : — personation. ^ person shall for all purposes of the laws relating to parlia- mentary and municipal elections be deemed to be guilty of the offence of personation who at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his own name. The offence of personation, or of aiding, abetting, counsel- ling, or procuring the commission of the offence of personation by any person, shall be a felony, and any person convicted thereof shall be punished by imprisonment for a term not exceeding two years together with hard labour. It shall be the duty of the returning officer to institute a prosecution against any person whom he may believe to have been guilty of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person, at the election for which he is returning officer, and the costs and expenses of the prosecutor and the witnesses in such case, Ballot Act, 1872. 259 together with compensation for their trouble and loss of time, Arr. III. shall be allowed by the court in the same manner in which courts are empowered to allow the same in cases of felony. The provisions of the Registration Acts, specified in the Third Schedule to this Act, shall in England and Ireland respectively apply to personation under this Act in the same manner as they apply to a person who knowingly personates and falsely assumes to vote in the name of another person as mentioned in the said Acts. Part IV. Miscellaneous. 28. The schedules to this Act, and the notes thereto, and Effect of directions therein, shall be construed and have effect as part of ^chc.lules. this Act. SCHEDULES. FIRST SCHEDULE. Part I. Rules for Parliamentary Elections. The Poll. 15. At every polling place the returning officer shall provide a sufficient number of polling stations for the accommodation of the electors entitled to vote at such polling place, and shall distribute the polling stations amongst those electors in such manner as he thinks most convenient. * * * 17. A separate room or separate booth may contain a separate polling station, or several polling stations may be constructed in the same room or booth. 18. No person shall be admitted to vote at any polling station except the one allotted to him. 20. The returning officer shall provide each polling station with materials for voters to mark the ballot papers, with instruments for stamping thereon the official mark, and with copies of the register of voters, or such part thereof as contains the names of the voters allotted to vote at such station. He shall keep the official mark secret, and an interval of not less than seven years shall intervene between the use of the same official mark at elections for the same county or borough. 21. The returning officer shall appoint a presiding officer to S 2 26o 35 <&- 36 Vict. c. 33. App. III. preside at each station, and the officer so appointed shall keep order at his station, shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except the clerks, the agents of the candidates, and the con- stables on duty. 22. Every ballot paper shall contain a list of the candidates described as in their respective nomination papers, and arranged alphabetically in the order of their surnames, and (if there are two or more candidates with the same surname) of their other names : it shall be in the form set forth ia the Second Schedule to this Act or as near thereto as circum- stances admit, and shall be capable of being folded up. 23. Every ballot box shall be so constructed that the ballot paper? can be introduced therein, but cannot be withdrawn therefrom, without the box being unlocked. The presiding officer at any polling station, just before the commencement of the poll, shall show the ballot box empty to such persons, if any, as may be present in such station, so that they may see that it is empty, and shall then lock it up, and place his seal upon it in such manner as to prevent its being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed. 24. Immediately before a ballot paper is delivered to an elector, it shall be marked on both sides with the official mark, either stamped or perforated, and the number, name, and description of the elector as stated in the copy of the register shall be called out, and the number of such elector shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the elector, to denote that he has received a ballot paper, but without showing the particular Isallot paper which he has received. 25. The elector, on receiving the ballot paper, shall forth- with proceed into one of the compartments in the polling station, and there mark his paper, and fold it up so as to conceal his vote, and shall then put his ballot paper, so folded up, into the ballot box ; he shall vote without undue delay, and shall quit the polling station as soon as he has put his ballot paper into the ballot box. 26. The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in manner prescribed by this Act, or (if the poll be taken on Saturday) of any voter who declares that he is of the Jewish persuasion, and objects on religious grounds to vote in manner prescribed by this Act, or of any voter who makes such a declaration as hereinafter mentioned that he is unable to read, shall, in the presence of the agents of the candid:ites, cause the vote of such voter to be marked on a ballot paper in manner directed by such voter, and the ballot paper to be placed in the ballot box, and the name and number on the Ballot Act, 1872. 261 register of voters of every voter whose vote is marked in pur- Arr. III. suance of this rule, and the reason why it is so marked, shall be entered on a list, in this Act called " the list of votes marked by the presiding officer." The said declaration, in this Act referred to as " the declara- tion of inability to read," shall be made by the voter at the time of polling, before the presiding officer, who shall attest it in the form hereinafter mentioned, and no fee, stamp, or other payment shall be charged in respect of such declaration, and the said declaration shall be given to the presiding officer at the time of voting. 27. If a person, representing himself to be a particular elector named on the register, applies for a ballot paper after another person has voted as such elector, the applicant shall, upon duly answering the questions and taking the oath per- mitted by law to be asked of and to be administered to voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other voter, but the ballot paper (in this Act called a tendered ballot paper) shall be of a colour differing from the other ballot papers, and, instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of voters, and set aside in a separate jjacket, and shall not be counted by the returning officer. And the name of the voter and his number on the register shall be entered on a list, in this Act called the tendered votes list. 28. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in this Act called a spoilt ballot paper), and the spoilt ballot paper shall be immediately cancelled. 29. The presiding officer of each station, as soon as practicable after the close of the poll, shall, in the presence of the agents of the candidates, make up into separate packets sealed with his own seal and the seals of such agents of the candidates as desire to affix their seals, — (i.) Each ballot box in use at his station, unopened but with the key attached ; and (2.) The unused and spoilt ballot papers placed together; and (3,) The tendered ballot papers ; and (4.) The marked copies of the register of voters, and the counterfoils of the ballot papers ; and (5.) The tendered votes list, and the list of votes marked by the presiding officer, and a i-:tatfcment of the number of the voters whose voies are to n.aiked ly the pre- 262 35 &' 3^ Vict. c. 33. App. Ill, siding officer under the heads " physical incapacity," " Jews," and " unable to read," and the declarations of inability to read ; and shall deliver such packets to the returning officer. 30. The packets shall be accompanied by a statement made by such presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers in the ballot box, unused, spoilt, and tendered ballot papers, which statement is in this Act referred to as the ballot paper account. , Counting Votes. 31. The candidates may respectively appoint agents to attend the counting of the votes. 32. The returning officer shall make arrangements for counting the votes in the presence of the agents of the candi- dates as soon as practicable after the close of the poll, and shall give to the agents of the candidates appointed to attend at the counting of the votes notice in writing of the time and place at which he will begin to count the same. 33. The returning officer, his assistants and clerks, and the agents of the candidates, and no other person, except with the sanction of the returning officer, may be present at the counting of the votes. 34. Before the returning officer proceeds to count the votes, he shall, in the presence of the agents of the candidates, open each ballot box, and, taking out the papers therein, shall count and record the number thereof, and then mix together the whole of the ballot papers contained in the ballot boxes. The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers. 35. The returning officer shall, so far as practicable, proceed continuously with counting the votes, allowing only time for refreshment, and excluding (except so far as he and the agents otherwise agree) the hours between seven o'clock at night and nine o'clock on the succeeding morning. During the excluded time the returning officer shall place the ballot papers and other documents relating to the election under his own seal and the seals of such of the agents of the candidates as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents. 36. The returning officer shall endorse " rejected " on any ballot paper which he may reject as invalid, and shall add to the endorsement " rejection objected to," if an objection Ballot Act, 1872. 263 be in fact made by any agent to his decision. The returning Ait. III. officer shall report to the Clerk of the Crown in Chancery the number of ballot papers rejected and not counted by him under the several heads of — 1. Want of official mark ; 2. Voting for more candidates than entitled to ; 3. Writing or mark by which voter could be identified ; 4. Unmarked or void for uncertainty ; and shall on request allow any agents of the candidates, before such report is sent, to copy it. 37. Upon the completion of the counting, the returning officer shall seal up in separate packets the counted and rejected ballot papers. He shall not open the sealed packet of tendered ballot papers or marked copy of the register of voters and counterfoils, but shall proceed, in the presence of the agents of the candidates, to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him as aforesaid, and the unused and spoilt ballot papers in his possession and the tendered votes list, and shall reseal each sealed packet after examination. The returning officer shall report to the Clerk of the Crown in Chancery the result of such verification, and shall, on request, allow any agents of the candidates, before such report is sent, to copy it. 38. Lastly, the returning officer shall forward to the Clerk of the Crown in Chancery (in manner in which the poll books are by any existing enactment required to be forwarded to such clerk, or as near thereto as circumstances admit) all the packets of ballot papers in his possession, together with the said reports, the ballot paper accounts, tendered votes lists, lists of votes marked by the presiding officer, statements relating thereto, declarations of inability to read, and packets of counterfoils, and marked copies of registers, sent by each presiding officer, endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the county or borough for which such election was held ; and the term poll book in any such enactment shall be construed to include any document forwarded in pursuance of this rule. 39. The Clerk of the Crown shall retain for a year all documents relating to an election forwarded to him in pur- suance of this Act by a returning officer, and then, unless otherwise directed by an order of the House of Commons, or of one of Her Majesty's Superior Courts, shall cause them to be destroyed. 40. No person shall be allowed to inspect any rejected ballot papers in the custody of the Clerk of the Crown in Chancery, except under the order of the House of Commons or under the order of one of Her Majesty's Superior Courts, to 264 ZS ^ 36 Vict. ^.33. App. III. be granted by such court on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prose- cution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return ; and any such order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of inspection or production as the House or court making the same may think expedient, and shall be obeyed by the Clerk of the Crown in Chancery. Any power given to a court by this rule may be exercised by any judge of such court at chambers. 41. No person shall, except by order of the House of Commons or any tribunal having cognizance of petitions com- plaining of undue returns or undue elections, open the sealed packet of counterfoils after the same has been once sealed up, or be allowed to inspect any counted ballot papers in the custody of the Clerk of the Crown in Chancery ; such order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the House or tribunal making the order may think expedient ; provided that on making and carrying into effect any such order, care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent court to be invalid. 42. All documents forwarded by a returning officer in pursuance of this Act to the Clerk of the Crown in Chancery, other than ballot papers and counterfoils, shall be open to public inspection at such time and under such regulations as may be prescribed by the Clerk of the Crown in Chancery, with the consent of the Speaker of the House of Commons, and the Clerk of the Crown shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees and subject to such regulations as may be sanctioned by the Treasury. 43. Where an order is made for the production by the Clerk of the Crown in Chancery of any document in his possession relating to any specified election, the production by such clerk or his agent of the document ordered, in such manner as may be directed by such order, or by a rule of the court having power to make such order, shall be conclusive evidence that such document relates to the specified election ; and any endorsement appearing on any packet of ballot papers produced by such Clerk of the Crown or his agent shall be evidence of such papers being what they are stated to be by the endorsement. The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and Ballot Act, 1872. 265 having a number marked thereon in writing, shall be prima Arr. III. facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of voters at such election the same number as the number written on such counterfoil. General Provisions. 45. The returning officer shall, as soon as possible, give public notice of the names of the candidates elected, and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not. 46. Where the returning officer is required or authorized by this Act to give any public notice, he shall carry such require- ment into effect by advertisements, placards, handbills, or such other means as he thinksbest calculated to afford information to the electors. 47. The returning officer may, if he think fit, preside at any polling station, and the provisions of this Act relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the returning officer to the presiding officer, or the presiding officer to the returning officer. 48. In the case of a contested election for any county or borough, the returning officer may, in addition to any clerks, appoint competent persons to assist him in counting the votes. 49. No person shall be appointed by a returning officer for the purposes of an election who has been employed by any other person in or about the election. 50. The presiding officer may do, by the clerks appointed to assist him, any act which he is required or authorized to do by this Act at a polling station except ordering the arrest, exclusion, or ejection from the polling station of any person. 51. A candidate may himself undertake the duties which any agent of his if appointed might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place at which his agent may, in pursuance of this Act, attend. 52. The name and address of every agent of a candidate, appointed to attend the counting of the votes shall be trans- mitted to the returning officer one clear day at the least before the opening of the poll ; and the returning officer may refuse to admit to the place where the votes are counted any agent whose name and address has not been so transmitted, notwith- standing that his appointment may be otherwise valid, anil any notice required to be given to an agent by the returning 266 35 '^ 36 Vict. c. 33. App. III. officer may be delivered at or sent by post to such address. 53. If any person appointed an agent by a candidate for the purposes of attending at the polUng station or at the counting of the votes dies, or becomes incapable of acting during the time of the election, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent so appointed. 54. Every returning officer, and every officer, clerk, or agent authorized to attend at a polling station, or at the counting of the votes, shall, before the opening of the poll, make a statutory declaration of secrecy, in the presence, if he is the returning officer, of a justice of the peace, and if he is any other officer or an agent, of a justice of the peace or of the returning officer ; but no such returning officer, officer, clerk, or agent as aforesaid shall, save as aforesaid, be required, as such, to inake any declaration or take any oath on the occasion of any election. 55. Where in this Act any expressions are used requiring or authorizing or inferring that any act or thing is to be done in the presence of the agents of the candidates, such expres- sions shall be deemed to refer to the presence of such agents of the candidates as may be authorized to attend, and as have in fact attended, at the time and place where such act or thing is being done, and the non-attendance of any agents or agent at such time and place shall not, if such act or thing be other- wise duly done, in anywise invalidate the act or thing done. 56. In reckoning time for the purposes of this Act, Sunday, Christmas-day, Good Friday, and any day set apart for a public fast or public thanksgiving, shall be excluded ; and where any- thing is required by this Act to be done on any day which falls on the above-mentioned days such thing may be done on the next day, unless it is one of the days excluded as above men- tioned. 57. In this Act — The expression " polling place " means, in the case of a borough, such borough or any part thereof in which a separate booth is required or authorized by law to be provided ; and The expression " agents of the candidates," used in rela- tion to a polling station, means agents appointed in pursuance of section eighty-five of the Act of the session of the sixth and seventh years of"TTre reign of Her present Majesty, chapter eighteen. Ballot Act, 1872. 267 Part II. Rules for Municipal Elections. 64. In the application of the provisions of this schedule to municipal elections the following modifications shall be made : — „ , , ia ) The expression " register of voters means the burgess roll of the burgesses of the borough, or, m the case of an election for the ward of a borough, the ward list ; and the mayor shall provide true copies of such register for each polling station ; . ib ) All ballot papers and other documents which, m the case of a parliamentary election, are forwarded to the Clerk of the Crown in Chancery shall be delivered to the town clerk of the municipal borough in which the election is held, and shall be kept by him among the records of the borough ; and the provisions of part one of this schedule with respect to the inspec- tion, production, and destruction of such ballot papers and documents, and to the copies of such documents, shall apply respectively to the ballot papers and documents so in the custody of the town clerk, with these modifications ; namely, _ . • j- (a) An order of the county court having jurisdic- tion in the borough, or any part thereof, or of any tribunal in which a municipal election is questioned shall be substituted for an order of the House of Commons, or of one of Her Majesty's Superior Courts ; but an appeal from such county court may be had in like manner as in other cases m such county court ; . r •. < {b ) The regulations for the inspection of documents and the fees for the supply of copies of documents of which copies are directed to be supplied, shall be prescribed by tke council of the borough with the consent of one of Her Majesty's Principal Secretaries of State ; and, subject as aforesaid, the town clerk in respect of the custody and destruction of the ballot papers and other documents coming into his posses- sion in pursuance of this Act, shall be subject to the directions of the council of the borough ; U) Nothing in this schedule with respect to the day of the poll shall apply to a municipal election. App. III. 268 38 ^ 39 ^^'^f- ^- 84. App. III. 38 & 39 Vict, c. 84. An Ad to regjilate the Expenses and to control the Charges of Returning Officers at Farliamentary Elections. [13th August 1875.] The accounts 4. Within twenty-one days after the day on which the return °L^ ''^^"™"S is made of the persons elected at the election, the returning taxed"^ ™^^ ^ officer shall transmit to every candidate or other person from whom he claims payment either out of any deposit or other- wise of any charges in respect of the election, or to the agent for election expenses of any such candidate, a detailed account showing the amounts of all the charges claimed by the return- ing officer in respect of the election, and the share thereof which he claims from the person to whom the account is trans- mitted. He shall annex to the account a notice of the place where the vouchers relating to the account may be seen, and he shall at all reasonable times and without charge allow the person from whom payment is claimed, or any agent of such person, to inspect and take copies of the vouchers. The returning officer shall not be entitled to any charges which are not duly included in his account. If the person from whom payment is claimed objects to any part of the claim, he may, at any time within fourteen days from the time when the account is transmitted to him, apply to the court as defined in this section for a taxation of the ac- count, and the court shall have jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amount payable to the returning officer and to give and enforce judgment for the same as if such judgment were a judgment in an action in such court, and with or without costs at the discretion of the court. The court for the purposes of this Act shall be in the City of London the Lord Mayor's Court, and elsewhere in England the County Court, and in Ireland the Civil Bill Court, having jurisdiction at the place of nomination for the election to which the proceedings relate. The court may depute any of its powers or duties under this Act to the registrar or other principal officer of the court. Nothing in this section shall apply to the charge of the re- turning officer for publication of accounts of election expenses. Claims against 6- Every person having any claim against a returning officer a returning for work, labour, materials, services, or expenses in respect of ^ ^^^^' any contract made with him by or on behalf of the returning officer for the purposes of an election, except for publication of accounts of election expenses, shall, within fourteen days after the day on which the return is made of the person or persons elected at the election, transmit to the returning officer the detailed particulars of such claim in writing, and the returning Returning Officers Act, 1875. 269 officer shall not be liable in respect of anything which is not Arr. III. duly stated in such particulars. Where apjjlication is made for taxation of the accounts of a returning ollicer, he may apply to the court as defined in this Act to examine any claim transmitted to him by any person in pursuance of this section, and the court after notice given to such person, and after hearing him, and any evidence tendered by him, may allow or disallow, or reduce the claim objected to, with or without costs, and the determination of the court shall be final for all purposes, and as against all persons. 6. In any case to which the fourteenth section of the Ballot Use of ballot Act, 1872, is applicable, it shall be the duty of the returning ^^^^^es &c., officer, so far as is practicable, to make use of ballot boxes, municipal fittings, and compartments provided for municipal or school elections, board elections, and the court, upon taxation of his accounts, shall have regard to the provisions of this section. 7. There shall be added to every notice of election to be Notices to be published under the provisions of the Ballot Act, 1872, the ^^[^^j'^^ notification contained in the second schedule to this Act with officers, respect to claims against returning officers. SCHEDULES, FIRST SCHEDULE. Charges of Returning Officers. The following are the maximum charges to be made by the returning officer, but the charges are in no case to exceed the sums actually and necessarily paid or payable. Part I. — Counties and District or Contributory Boroughs. This part of this Schedule applies to an election for a county, or for either of the boroughs of Aylesbury, CricklaJe, Monmouth^ East Retford, Stroud, and New Shoreham, or for any borough or burgh consisting of a combination of separate, boroughs, burghs, or towns. For preparing and publishing the notice of election For preparing and supplying the nomina- tion papers 220 270 38 & 39 "^ict. c. 84. App, III. For travelling to and from the place of nomination, or of declaring the poll at a contested election, per mile. For hire or necessary fitting up of rooms or buildings for polling, or damage or expenses by or for use of such rooms or buildings. For constructing a polling station, with its fittings and compartments, in Eng- land. * * * For each ballot box required to be pur- chased For the use of each ballot box, when hired For stationery at each polling station For printing and providing ballot papers, per thousand For each stamping instrument For copies of the register For each presiding officer . . . For one clerk at each polling station where not more than 500 voters are assigned to such station For an additional clerk at a polling sta- tion for every number of 500 voters, or fraction thereof beyond the first 500 assigned to such polling station. For every person employed in counting votes, not exceeding six such persons where the number of registered electors does not exceed 3,000, and one for every additional 2,000 electors. For making the return to the Clerk of the Crown For the preparation and publication of notices (other than the notice of elec- tion). For conveyance of ballot boxes from the polling stations to the place where the ballot papers are to be counted, per mile. 010 The necessary ex- penses, not ex- ceeding at any one polling station the charge for con- structing'andfitting a polling station. 7 7 o 050 10 o 1 10 o 10 o The sums payable by statute for the necessary copies. 2> Z ^ 1 I o Not exceeding for the whole of such notices ;^2o, and ^\ for every addi- tional 1,000 elec- tors above 3,000. GIG Returning Officers Act, 1875. 271 For professional and other assistance in and about the conduct of the election. For travelling expenses of presiding officers and clerks, per mile. For services and expenses in relation to receiving and publishing accounts of election expenses, in respect of each candidate. For all other expenses .... £ s. d. In a contested elec- tion not exceed- ing £^Sy a"d an additional ^3 for every 1,000 regis- tered electors or fraction thereof above 3,000 and up to 10,000, and ^2 for every 1,000 or fraction there- of above 10,000. In an uncontest- ed election, one- fifth of the above sums. Apr. III. In a contested elec- tion, not exceed- ing ;2^io, and an additional £1 for every 1,000 elec- tors or fraction thereof above 1,000. In an un- contested election, nil. Note. — Travelling expenses are net to be allcmjed in the case of any person unless for distances exceeding two miles from the place at lohich he resides. SECOND SCHEDULE. I. Notification to be added to the Notice of Election. Take notice, that by the Parliamentary Elections (Returning Officers) Act, 1875, it is provided that every person having any claim against a returning officer for work, labour, materials, services, or expenses in respect of any contract made with him 272 4S &" 4^ Vict. c. 50. App. III. by or on behalf of the returning officer, for the purposes of an election (except for publications of account of election expenses), shall, within fourteen days after the day on which the return is made of the person or persons elected at the election, transmit to the returning officer the detailed particulars of such claim in writing, and the returning officer shall not be liable in respect of anything which is not duly stated in such particulars. Name of municipal corporation. Qualification of burgess. MUNICIPAL CORPORATIONS ACT, 1882. 45 & 46 Vict. c. 50. A?i Act for consolidating, with A??iendmejits, enactments relating to Municipal Corporations in England and Wales. [iSth August 1882.] Part II. Constitution and Government of Borough. Corporate Name. 8. The municipal corporation of a borough shall bear the name of the mayor, aldermen, and burgesses of the borough, or, in the case of a city, the mayor, aldermen, and citizens of the city. Burgesses. 9. — (i.) A person shall not be deemed a burgess for any purpose of this Act unless he is enrolled as a burgess. (2.) A person shall not be entitled to be enrolled as a burgess unless he is qualified as follows : — {a.) Is of full age ; and (b.) Is on the fifteenth of July in any year, andhas been during the whole of the then last preceding twelve months, in occupation, joint or several, of any house, warehouse, counting-house, shop, or other building (in this Act referred to as qualifying property) in the borough ; and (c.) Has during the whole of those twelve months resided in the borough, or within seven miles thereof; and (d.) Has been rated in respect of the qualifying property to all poor rates made during those twelve months for the parish wherein the property is situate ; and {c.) Has on or before the twentieth of the same July paid all such rates, including borough rates (if any), as have ]\Iunicipal Corporations Act^ 1882. 273 become payable by him in respect of the qualifying App. III. property up to the then last preceding fifth of January. (3.) Every person so qualified sliall be entitled to be enrolled as a burgess, unless he — {(i.) Is an alien ; or (b.) Has within the twelve months aforesaid received union or parochial relief or other alms ; or (<;.) Is disentitled under any Act of Parliament. Council ; Mayor, Aldermen, and Councillors. 10. — (i.) The municipal corporation of a borough shall be Constitution capable of acting by the council of the borough, and the council ^f council, shall exercise all powers vested in the corporation by this Act or otherwise. (2.) The council shall consist of the mayor, aldermen, and councillors. 11. — (i.) The councillors shall be fit persons elected by the Qualification 1 of councillor, burgesses. (2.) A person shall not be qualified to be elected or to be a councillor, unless he — ((7.) Is enrolled and entitled to be enrolled as a burgess ; or \b!) Being entitled to be so enrolled in all respects except that of residence, is resident beyond seven miles but within fifteen miles ot the borough, and is entered in the separate non-resulent list directed by this Act to be made ; and {c.) In either of those cases, is seised or possessed of real or personal property or both, to the value or amount, in the case of a borough having four or more wards, of one thousand pounds, and in the case of any other borough, of five hundred pounds, or is rated to the poor rate in the borough, in the case of a borough having four or more wards, on the annual value of thirty pounds, and in the case of any other borough of fifteen pounds. (3.) Provided, that every person shall be qualified to be elected and to be a councillor, who is, at the time of election, qualified to elect to the office of councillor ; which last- mentioned qualification for being elected shall be alternative for and shall not repeal or take away any other qualification.^ (4.) But if a person qualified under the last foregoing proviso ceases for six months to reside in the borough, he shall cease to be qualified under that proviso, and his office shall become vacant, unless he was at the time of his election and continues to be qualified in some other manner. 13. — (i.) A person shall be disqualified for being elected and Disqualifica- for being a councillor, if and while he— co^unciUor"' (a.) Is an elective auditor or a revising assessor, or holds T 274 45 ^ 46 Vict c. 50. App. III. any ofifice or place of profit, other than that of mayor -^ or sheriff, in the gift or disposal of the council ; or {b ) Is in holy orders, or the regular minister of a dissenting congregation ; or K.) Has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by, or on behalf of the council : (2.) But a person shall not be so disqualified, or be deemed to have any share or interest in such a contract or employment, by reason only of his having any share or interest in — ■ {a.) Any lease, sale, or purchase of land, or any agreement for the same ; or {b.) Any agreement for the loan of money, or any security for the payment of money only ; or if) Any newspaper in which any advertisement relating to the affairs of the borough or council is inserted ; or ((/.) Any company which contracts with the council for lighting or supplying with water or insuring against fire any part of the borough ; or 25 & 26 Vict. {e.) Any railway company, or any company incorporated by C.89. Act of Parliament or Royal charter, or under the Companies Act, 1862. Term of office 13. — (i.) The term of office of a councillor shall be three and rotation of yg^j-g councillors. '|^ "^ ^^ ^^^^ ordinary day of election of councillors in every year one third of the whole number of councillors for the borough or for the ward, as the case may be, shall go out of office, and their places shall be filled by election. (3.) The third to go out shall be the councillors who have been longest in office without re-election. Number, term 14. — (i.) The aldermen shall be fit persons elected by the of office, and council. Sdermen (2-) The number of aldermen shall be one-third of the number of councillors. (3.) A person shall not be qualified to be elected or to be an alderman unless he is a councillor or qualified to be a councillor. (4.) If a councillor is elected to, and accepts, the office of alderman he vacates his office of councillor. (5.) The term of office of an alderman shall be six years. (6.) On the ordinary day of election of aldermen in every third year one half of the whole number of aldermen shall go out of office, and their places shall be filled by election. (7.) The half to go out shall be those who have been aldermen for the longest time without re-election. Qualification, 15.— (i.) The mayor shall be a fit person elected by the term of office, council from among the aldermen or councillors or persons cedencefa^d qualified to be SUch. powers of {2.) An outgoing alderman is eligible. mayor. Municipal Corporations Act, 1882. 275 (3.) The term of office of the mayor shall be one year, but App. III. he shall continue in office until his successor has accepted office and made and subscribed the required declaration. (4.) He may receive such remuneration as the council think reasonable. (6.) The mayor of a borough named in the schedules to the Municipal Corporations Act, 1835, shall be capable in law to do and suffer all acts which the chief officer of the borough might at the passing of that Act lawfully do or suffer, as far as the same were not altered or annulled by that Act, or have not been altered or annulled by any subsequent Act. Meetings and Proceedings of Council ; Committees. 22. — (i.) The rules in the Second Schedule shall be observed. Supplemejital and Exceptional Provisions. 31. In and for the purposes of this Act— Occupation of {a) The terms house, warehouse, counting house, shop, or P^"^' *^^ •^''"^^• other building include any part of a house, where that part is separately occupied for the purposes of any trade, business, or profession ; and any such part may, for the purpose of describing the qualifi- cation, be described as office, chambers, studio, or by any like term applicable to the case. (b.) Where an occupier is entitled to the sole and exclusive use of any part of a house, that part shall not be deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part. 32. — (i.) If an occupier of any qualifying property, whether Claim by the landlord is or is not liable to be rated to the poor rate in occupier to be respect thereof, claims to be rated to the poor rate in respect "^'-^^• thereof, and pays or tenders to the overseers of the parish where the property is situate the full amount of the poor rate last made in respect of the property, the overseers shall put the occupier's name on the rate book in respect of that rate. (2.) If they fail to do so, he shall nevertheless for the purposes of this Act be deemed rated to that rate. 33. — (i.) Where a person succeeds to qualifying property Rules as to by descent, marriage, marriage settlement, devise, or promotion qualification to a benefice or office, then, for the purpose of qualification, ^^^'^^f^H^^^^ the occupancy of the property by a predecessor in tide, and the rating of the predecessor in respect thereof, shall be equivalent to the occupancy and rating of the successor ; and rating in the name of the predecessor shall, until a new rate is made after the date of succession, be equivalent to rating in T 2 2/6 45 ^ 4^ Vict. c. 50. App. III. Obligation to accept office or pay fine. Declaration on acceptance of office. the name of the successor ; and the successor shall not be required to prove his own residence, occupancy, or rating before the succession. (2.) The qualifying property need not be throughout the twelve months constituting the period of qualification the same property or in the same parish. (3.) Where by law a borough rate is payable by instalments, payment by any person of any such instalment shall, as regards his qualification to be enrolled as a burgess, be deemed a payment of the borough rate in respect of the period to which the instalment applies. (4.) A person shall not be disentitled to be enrolled as a burgess by reason only — (a.) That he has received medical or surgical assistance from the trustees of the municipal charities, or has been removed, by order of a justice, to a hospital or place for reception of the sick, at the cost of any local authority ; or {I.) That his child has been admitted to and taught in any public or endowed school. 34. — (i.) Every qualified person elected to a corporate office, unless exempt under this section or othenvise by law, either shall accept the office by making and subscribing the declaration required by this Act within five days after notice of election, or shall, in lieu thereof, be liable to pay to the council a fine of such amount not exceeding, in case of an alderman, councillor, elective auditor, or revising assessor, fifty pounds, and in case of a mayor one hundred pounds, as the council by byelaw determine. (2.) If there is no byelaw determining fines, the fine, in case of an alderman, councillor, elective auditor, or revising assessor, shall be twenty-five pounds, and in case of a mayor fifty pounds. (3.) The persons exempt under this section are — (a.) Any person disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body ; and (p.) Any person who, being above the age of sixty-five years, or having within five years before the day of his election either served the office or paid the fine for non-acceptance thereof, claims exemption within five days after notice of his election. (4.) A fine payable under this section shall be recoverable summarily. 36. A person elected to a corporate office shall not, until he has made and subscribed before two members of the council, or the town clerk, a declaration as in the Eighth Schedule, act in the office except in administering that declaration. Municipal Corporatiojis Act, iZ^2. 277 36. — (i.) A person elected to a corporate office may at any App. III. time, by writing signed by him and delivered to the town clerk, resign the office, on payment of the fine provided for ^^^^°^^^'si_c. non-acceptance thereof. (2.) In any such case the council shall forthwith declare the office to be vacant, and signify the same by notice in writing, signed by three members of the council and countersigned by the town clerk, and fixed on the town hall, and the office shall thereupon become vacant. (3.) No person enabled by law to make an affirmation instead of taking an oath shall be liable to any fine for non-acceptance of office by reason of his refusal on conscientious grounds to take any oath or make any declaration required by this Act or to take on himself the duties of the office. 37. A person ceasing to hold a corporate office shall, unless Re-eligibility disqualified to hold the office, be re-eligible. ^\^^^' 38. The mavor and alderman sliall, during their respective "oi'iers. offices, continue to be members of the council, notwithstanding ^i\J^'°[,e^n to anything in this Act as to councillors going out of office at the continue end of three years. members of 39^ — (i,) If the mavor, or an alderman or councillor— council. (a.) Is declared bankrupt, or compounds by deed with his Avoidance of creditors, or makes an arrangement or composition bankruptcy or with his creditors, under the Bankruptcy Act, 1869, absence, by deed or otherwise ; or ^32 & 33 Vict. {b.) Is (except in case of illness) continuously absent from c. 71. the borough, being mayor, for more than two months, or, being alderman or' councillor, for more than six months : he shall thereupon immediately become disqualified and shall cease to hold the office. (2.) In any such event the council shall forthwith declare the office to be vacant, and signify the same by notice signed by three members of the council, and countersigned by the town clerk, and fixed on the town hall, and the office shall thereupon become vacant. (3.) Where a person becomes so disqualified by being declared bankrupt, or compounding, or making an arrangement or composition, as aforesaid, the disqualification, as regards subsequent elections, shall, in case of bankruptcy, cease on his obtaining his order of discharge, and shall, in case of a com- pounding or composition as aforesaid, cease on payment of his debts in full, and shall, in case of an arrangement as aforesaid, cease on his obtaining his certificate of discharge. (4.) Where a person becomes so disqualified by absence,^ he shall be liable to the same fine as for non-acceptance of office, recoverable summarily, but the disqualification shall, as regards subsequent elections, cease on his return. 40.— (I.) On a casual vacancy in a corporate office, an Filling ot 2/8 45 &" 4^ Vict. c. 50. App. III. casual vacancies. Penalty on unqualified person acting in office. Validity of acts done notwith- standing dis- qualification, &c. Duties of town clerk, deputy, and treasurer, during va- cancy or incapacity. election shall be held by the same persons and in the same manner as an election to fill an ordinary vacancy ; and the person elected shall hold the office until the time when the person in whose place he is elected would regularly have gone out of office, and he shall then go out of office. (2.) In case of more than one casual vacancy in the office of councillor being filled at the same election, the councillor elected by the smallest number of votes shall be deemed to be elected in the place of him who would regularly have first gone out of office, and the councillor elected by the next smallest number of votes shatt^be deemed to be elected in the place of him who would regularly have next gone out of office, and so with respect to the others ; and if there has not been a contested election, or if any doubt arises, the order of rotation shall be determined by the council. (3.) Non-acceptance of office by a person elected creates a casual vacancy. 41. — (i.) If any person acts in a corporate office without having made the declaration by this Act required, or without being qualified at the time of making the declaration, or after ceasing to be qualified, or after becoming disqualified, he shall for each off"ence be liable to a fine not exceeding fifty pounds, recoverable by action. (2.) A person being in fact enrolled in the burgess roll shall not be liable to a fine for acting in a corporate office on the ground only that he was not entitled to be enrolled therein. 42. — (i.) The acts and proceedings of a person in possession of a corporate office, and acting therein, shall, notwithstanding his disqualification or want of quahfication, be as valid and effectual as if he had been qualified. (2.) An election of a person to a corporate office shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person before whom the election was had, if that person was then in actual possession of, or acting in, the office giving the right to preside at the election. (3.) A burgess roll shall not be liable to be questioned by reason of a defect in the title, or want of title, of the mayor or any revising authority by whom it is revised, if he was then in actual possession and exercise of the office of mayor or revising authority. 43. If there is no town clerk, and no deputy town clerk, or there is no treasurer, or the town clerk, deputy town clerk, or treasurer (as the case may be) is incapable of acting, all acts by law authorized or required to be done by or with respect to the town clerk or the treasurer (as the case may be) may, subject to the provisions of any other Act, be done by or with respect to a person appointed in that behalf by the mayor. Municipal Corporations Act, 1882. 279 App. III. Part III. Preparations for and Procedure at Elections. Election of Councillors. 50. — (i.) Where a borough has no wards, there shall be one Borough election of councillors for the whole borough. and ward (2.) Where a borough has wards, there shall be a separate Sections, election of councillors for each ward. 51. — (i.) At an election of councillors a person shall be Title to vote, entitled to subscribe a nomination pai)er, and to demand and receive a voting paper, and to vote, if he is enrolled in the burgess roll, or, in the case of a ward election, the ward roll, and not otherwise. (2.) No person shall subscribe a nomination paper in or for more than one ward, or vote in more than one ward. (3.) Nothing in this section shall entitle any person to do any act therein mentioned who is i^rohibited by law from doing it, or relieve him from any penalty to which he may be liable for doing it. 52. The ordinary day of election of councillors shall be the Day of f^rst of November. election. 53. — (i.) At an election of councillors for a whole borough Returning the returning officer shall be the mayor. officer ai (2.) At an election for a ward the returning officer shall be election, an alderman assigned for that purpose by the council at the meeting of the ninth of November. 54. Nine days at least before the day for the election of a Notice of councillor, the town clerk shall prepare and sign a notice election, thereof, and publish it by fixing it on the town hall, and, in the case of a ward election, in some conspicuous place in the ward. 55. The nomination of candidates for the office of councillor Nomination of shall be conducted in accordance with the rules in Part II. of candidates, the Third Schedule. 56.. — (i.) If the number of valid nominations exceeds that Relation of of the vacancies, the councillors shall be elected from among nomination to '. ^ , eljction. the persons nommated. (2.) If the number of valid nominations is the same as that of the vacancies, the persons nominated shall be deemed to be elected. (3.) If the number of valid nominations is less than that of the vacancies, the persons nominated shall be deemed to be elected, and such of the retiring councillors for the borough or ward as were highest on the poll at their election, or, if the poll was equal, or there was no poll, as are selected for that purpose by the mayor, shall be deemed to be re-elected to make up the required number. 28o 45 6* 46 Vict. c. 50. election. Mode of con- ducting poll at contested election. 35 & 36 Vict c- 33. App. III. (4.) If there is no valid nomination, the retiring councillors shall be deemed to be re-elected. Publication of 57. If an election of councillors is not contested, the uncontested returning officer shall publish a Ust of the persons elected not later than eleven o'clock in the morning on the day of election. — 58. (i.) If an election of councillors is contested, the poll shall, as far as circumstances admit, be conducted as the poll at a contested parliamentary election is by the Ballot Act, 1872, directed to be conducted, and, subject to the modifications expressed in Part III. of the Third Schedule, and to the other provisions of this Act, the provisions of the Ballot Act, 1872, relating to a poll at a parliamentary election (including the provisions relating to the duties of the returning officer after the close of the poll), shall apply to a poll at an election of councillors. (2.) Every person entided to vote may vote for any number of candidates not exceeding the number of vacancies. (3.) The poll shall commence at nine o'clock in the fore- noon and close at four o'clock in the afternoon of the same day. (4.) But if one hour elapses during which no vote is tendered, and the returning officer has not received notice that any person has within that hour been prevented from coming to the poll by any riot, violence, or other unlawful means, the returning officer may, if he thinks fit, close the poll at any time before four o'clock. (5.) Where an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer, whether entided or not to vote in the first instance, may give such additional vote by word of mouth or in writing. (6.) Nothing in the Ballot Act, 1S72, as applied by this Act, shall be deemed to authorize the appointment of any agents of a candidate at a municipal election ; but if, in the case of a municipal election, an agent of a candidate is appointed, and notice in writing of the appointment is given to the returning officer, one clear day before the polling day, then the provisions of the Ballot Act, 1872, with respect to agents of candidates, shall, as far as regards that agent, apply in the case of that election. 69. — (i.) At an election of councillors, the presiding officer shall, if required by two burgesses, or by a candidate or his agent, put to any person offering to vote, at the time of his ])resenting himself to vote, but not afterwards, the following questions, or either of them : {a.) Are you the person enrolled in the burgess \or ward] roll now in force for this borough \or ward] as follows \read the 7uhole entry fro jn the roll] ? {b.) Have you already voted at the present election [add, in Questions which may be put to voters. Municipal Corporations Act, \ZZ2. 281 case of an election for sroeral wards, in this or any Arr. III. other ward] ? -""• (2.) The vote of a person required to answer either of these questions shall not be received until he has answered it. (3.) If any person wilfully makes a false answer thereto he shall be guilty of a misdemeanour. (4.) Save as by this Act authorized, no inquiry shall be permitted at an election as to the right of any person to vote. Election of Aldermen, 60. — (i.) The ordinary day of election of aldermen shall be Time and the ninth of November, and the election shall be held at the "^ode of quarterly meeting of the council. aldermen. (2.) The election shall be held immediately after the election of the mayor, or, if there is a sheriff, the appointment of the sheriff. (3.) An outgoing alderman, although mayor elect, shall not vote. (4.) Every person entitled to vote may vote for any number of persons not exceeding the number of vacancies, by signing and personally delivering at the meeting to the chairman a voting paper containing the surnames and other names and places of abode and descriptions of the persons for whom he votes. (5.) The chairman, as soon as all the voting papers have been delivered to him, shall openly produce and read them, or cause them to be read, and then deliver them to the town clerk to be kept for twelve months. (6.) In case of equality of votes the chairman, although as an outgoing alderman or otherwise not entitled to vote in the first instance, shall have the casting vote. (7.) The persons, not exceeding the number of vacancies, who have the greatest number of votes, shall be declared by the chairman to be, and thereupon shall be, elected. Election of Mayor. 61 — (i.) The ordinary day of election of mayor shall be Time and the ninth of November. T J^n of (2.) The election of mayor shall be the first busmess trans- \^^^^^^ acted at the quarterly meeting of the council on the day of election. (3,) An outgoing alderman may vote although the person for whom he votes is an alderman. (4.) In case of equality of votes, the chairman, although not entitled to vote in the first instance, shall have the casting vote. 282 45 ^ 46 Vict. c. 50. App. III. Right of women to vote. Polling districts. Notices as to elections. Time for filling casual vacancies. Illness, &c., of mayor or returning officer. Election of councillor in more than one ward. Elections not in churches. Omission to hold election, or election void. Supplemental and Exceptional Provisions, 63. For all purposes connected with and having reference to the right to vote at municipal elections words in this Act importing the masculine gender include women. 64. The council may divide the borough or any ward into polling districts, and thereupon the overseers shall, as far as practicable, make out the parish burgess lists so as to divide the names in conformity with the polling districts. 65. Any notice required to be given in connection with a municipal election may, as to elective auditors and revising assessors, be comprised in one notice, and may, as to ward elections, comprise matter necessary for several wards. 66. — (i.) On a casual vacancy in a corporate office, the election shall be held within fourteen days after notice in writing of the vacancy has been given to the mayor or town clerk by two burgesses. (2.) Where the office vacant is that of mayor, the notice of the meeting for the election shall be signed by the town clerk. (3.) In other cases the day of election shall be fixed by the mayor. 67. — (i.) If the mayor is dead, or is absent or otherwise incapable of acting in the execution of his powers and duties as to elections under this Act, the council shall forthwith choose an alderman to execute those powers and duties in the place of the mayor. (2.) In case of the illness, absence, or incapacity to act of the alderman assigned to be returning officer at a ward election, the mayor may appoint to act in his stead another alderman, or, if the number of aldermen does not exceed the number of wards, a councillor not being a councillor for that ward, and not being enrolled in the ward roll for that ward. 68. If a person is elected councillor in more than one ward, he shall, within three days after notice thereof, choose, by writing signed by him and delivered to the town clerk, or in his default the mayor shall, within three days after the time for choice has expired, declare, for which of those wards he shall serve, and the choice or declaration shall be conclusive. 69. A municipal election shall not be held in any church, chapel, or other place of public worship. 70. — (i.) If a municipal election is not held on the appointed day or within the appointed time, it may be held on the day next after that day or the expiration of that time. (2.) If a municipal election is not held on the appointed day or within the appomted time, or on the day next after that day or the expiration of that time, or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from Mtmicipal Corporatio7is Act, 1882. 283 electing, but the High Court may, on motion, grant a man- An-. HI. damus for the election to be held on a day appointed by the court. (3.) Thereupon public notice of the election shall, by such person as the court directs, be fixed on the town hall, and shall be kept so fixed for at least six days before the day appointed for the election ; and in all other respects the election shall be conducted as directed by this Act respecting ordinary elections. 71. — (i.) If a parish burgess list is not made or revised in Burgess roll due time, the corresponding part of the burgess roll in operation to be in opera- before the time appointed for the revision shall be the parish ^.'""^^ ^f ^^^ burgess list until a burgess hst for the parish has been revised burgess roll, and become part of the burgess roll. (2.) If a burgess roll is not made in due time, the burgess roll in force before the time appointed for the revision shall continue in force until the new burgess roll is made. 72. An election shall not be invalidated by non-compliance Non-com- with the rules in the Third Schedule, or mistake in the use of the '^^'^^^^ ^""^ forms in the Eighth Schedule, if it appears to the court having cognisance of the question that the election was conducted in accordance with the principles laid down in the body of this Act. 73. Every municipal election not called in question within Election twelve months after the election, either by election petition ^^^^^^^^fl or by information in the nature of a quo warranto, shall be „,ithin twelve deemed to have been to all intents a good and valid election, months. 74. — (i.) If any person forges or fraudulently defaces or Offences in fraudulently destroys any nomination paper, or delivers to the relation to town clerk any forged nomination paper, knowing it to be p^pg"g^^^°° forged, he shall be gitilty of a misdemeanour, and shall be liable to imprisonment for any term not exceeding six months, with or without hard labour. (2.) An attempt to commit any such offence shall be punish- able as the off"ence is punishable. 75. — (i.) If a mayor or revising assessor neglects or refuses Offences in to revise a parish burgess list, or a mayor or alderman neglects [-^J^g^^^^j^Y" or refuses to conduct or declare an election, as required by this elections. Act, he shall for every such oftence be liable to a fine not exceeding one hundred pounds, recoverable by action. (2.) If— (a.) An overseer neglects or refuses to make, sign, or deliver a parish burgess list, as required by this Act ; or (^.) A town clerk neglects or refuses to receive, print, and publish, a parish burgess list or list of claimants or respondents, as required by this Act ; or {c) An overseer or town clerk refuses to allow any such list to be inspected by a person having a right thereto ; he shall for every such neglect or refusal be liable to a fine not exceeding fifty pounds, recoverable by action. 284 45 lic _ regulations under the Prosecution of Offences Act, 1879, to JnTo2S"^ make such inquiries and institute such prosecutions as the corrupt or circumstances of the case appear to him to require. illegal 46. Where a person has, either before or after the com- F^ctices. mencement of this Act, become subject to any incapacity under incapachv*on the Corrupt Practices Prevention Acts or this Act by reason of proof that it a conviction or of a report of any election court or election was procured commissioners, and any witness who gave evidence against ^^ perjury, such incapacitated person upon the proceeding for such con- viction or report is convicted of perjury in respect of that evidence, the incapacitated person may apply to the High Court, and the Court, if satisfied that the conviction or report so far as respects such person was based upon perjury, may order that such incapacity shall thenceforth cease, and the same shall cease accordingly. Legal Proceedings. 51. — (i.) A proceeding against a person in respect of the Limitation offence of a corrupt or illegal practice or any other offence of time for under the Corrupt Practices Prevention Acts or this Act shall prosecution of be commenced within one year after the offence was com- " mitted, or if it was committed in reference to an election with respect to which an inquiry is held by election commissioners shall be commenced within one year after the offence was committed, or within three months after the report of such commissioners is made, whichever period last expires, so that it be commenced within two years after the offence was com- mitted, and the time so limited by this section shall, in the case of any proceeding under the Summary Jurisdiction Acts for any such offence, whether before an election court or other- wise, be substituted for any limitation of time contained in the last-mentioned Acts. 304 46 & 47 ^^'^^' ^- 51- Arp. III. (2.) For the purposes of this section the issue of a summons, warrant, writ, or other process shall be deemed to be a com- mencement of a proceeding, where the service or execution of the same on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, but save as aforesaid the service or execution of the same on or against the alleged offender, and not the issue thereof, shall be deemed to be the commencement of the proceeding. Obligation of witness to answer, and certificate of indemnity. Stipplevicntal Provisions, Definitions, Savings, and Repeal. 59. — (i.) A person who is called as a witness respecting an election before any election court shall not be excused from answering any question relating to any offence at or connected with such election, on the ground that the answer thereto may criminate or tend to criminate himself or on the ground of privilege ; Provided that — {a.) a witness who answers truly all questions which he is required by the election court to answer shall be entitled to receive a certificate of indemnity under the hand of a member of the court stating that such witness has so answered : and lb.) an answer by a person to a question put by or before any election court shall not, except in the case of any criminal proceeding for perjury in respect of such evidence, be in any proceeding, civil or criminal, admissible in evidence against him : (2.) Where a person has received such a certificate of in- demnity in relation to an election, and any legal proceeding is at any time instituted against him for any offence under the Corrupt Practices Prevention Acts or this Act committed by him previously to the date of the certificate at or in relation to the said election, the court having cognizance of the case shall on proof of the certificate stay the proceeding, and may in their discretion award to the said person such costs as he may have been put to in the proceeding. (3.) Nothing in this section shall be taken to relieve a person receiving a certificate of indemnity from any incapacity under this Act or from any proceeding to enforce such incapacity (other than a criminal prosecution), (4.) This section shall apply in the case of a witness before any election commissioners, in like manner as if the expression " election court " in this section included election commis- (5.) Where a solicitor or person lawfully acting as agent for any party to an election petition respecting any election for a county or borough has not taken any part or been concerned in such election, the election commissioners inquiring into Parliamentary Corrupt Practices Act, 1SS3. 305 such election shall not be entitled to examine such solicitor or Arr. III. agent respecting matters which came to his knowledge by reason only of his being concerned as solicitor or agent for a party to such petition. 60. An election court or election commissioners, when re- Submission porting that certain persons have been guilty of any corrupt °^ report of or illegal practice, shall report whether those persons have or co'ii'Vt°or com- not been furnished with certificates of indemnity ; and such missioners to report shall be laid before the Attorney-General (accompanied Attomey- in the case of the commissioners with the evidence on which General, such report was based) with a view to his instituting or directing a prosecution against such persons as have not received cer- tificates of indemnity, if the evidence should, in his opinion, be sufficient to support a prosecution. 64. In this Act, unless the context otherwise requires — General The expression "High Court" means Her ^lajesty's High ^'J^^^^^''^^'^" Court of Justice in England : The expressions " court of summary jurisdiction," " petty sessional court," and " Summary Jurisdictions Acts" have 42 ■•^v: 43 '^'ict. the same meaning as in the Summary Jurisdiction Act, *-■• 49- 1879: The expression " the Attorney-General " includes the Solicitor- General in cases where the office of the Attorney-General is vacant or the Attorney-General is interested or other- wise unable to act : The expression " elector " means any person whose name is for the time being on the register roll or book containing the names of the persons entitled to vote at the election with reference to which the expression is used : The expression " register of electors " means the said register roll or book : The expression " polling agent " means an agent of the can- didate appointed to attend at a polling station in pur- 35 •■'^ 36 Vict, suance of the Ballot Act, 1872, or of the Acts therein <^- 33- referred to or amending the same : The expression " person " includes an association or body of persons, corporate or unincorporate, and where any act is done by any such association or body, the members of such association or body who have taken part in the com- mission of such act shall be liable to any fine or punish- ment imposed for the same by this Act : The expression " committee room" shall not include any house or room occupied by a candidate at an election as a dwelling, by reason only of the candidate there trans- acting business with his agents in relation to such election ; nor shall any room or building be deemed to be a com- mittee room for the purposes of this Act by reason only of the candidate or any agent of the candidate addressing therein electors, committee-men or others : X JJ 55- 306 47 & 48 Vict. c. 70, App. III. The expression " public office " means any office under the Crown or under the charter of a city or municipal -borough or under the Acts relating to Municipal Cor- & 34 Vict. porations or to the Poor Law, or under the Elementary ^- 75- . Education Act, 1870, or under the Public Health Act, 38 6^ 39 Vict. 1875, or under any Acts amending the above-mentioned Acts, or under any other Acts for the time being in force (whether passed before or after the commencement of this Act) relating to local government, whether the office is that of mayor, chairman, alderman, councillor, guardian, member of a board, commission, or other local authority in any county, city, borough, union, sanitary district, or other area, or is the office of clerk of the peace, town clerk, clerk or other officer under a council, board, com- mission, or other authority, or is any other office, to which a person is elected or appointed under any such charter or Act as above-mentioned, and includes any other muni- cipal or parochial office ; and the expressions " election," ■' election petition," " election court," and " register of electors," shall, where expressed to refer to an election for any such public office, be construed accordingly : The expression "judicial office" includes the office of justice of the peace and revising barrister : The expression " indictment" includes information : The expression " costs '' includes costs, charges, and expenses : The expression " payment " includes any pecuniary or other reward ; and the expressions " pecuniary reward " and " money " shall be deemed to include any office, place, or employment, and any valuable security, or other equi- valent for money, and any valuable consideration, and expressions referring to money shall be construed ac- cordingly : The expression " Licensing Acts " means the Licensing Acts, 1872 to 1874 : Other expressions have the same meaning as in the Corrupt Practices Prevention Acts. MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL PRACTICES) ACT, 1S84. [47 & 48 Vict. c. 70.] Aji Act for the better Prevention of Corrupt and Illegal Practices at Municipal and other Elections. [14th August 1884.] Short title. !• This Act may be cited as the Municipal Elections (Corrupt and Illegal Practices) Act, 1S84. Municipal Corrupt Practices Act, 1SS4. 307 App. III. Corrupt Practices. 2. (i.) The expression "corrupt practice" in this Act Definition means any of the following offences, namely, treating, undue -'^"'^ punish- influence, bribery, and personation as defined by the enact- "^^"^ "^^ ments set forth in Part One of the Third Schedule to this Act, prSe at and aiding, abetting, counselling, and procuring the com- municipal mission of the offence of personation. election. (2.) A person who commits any corrupt practice in refer- ence to a municipal election shall be guilty of the like offence, and shall on conviction be liable to the like punishment, and subject to the like incapacities, as if the corrupt practice had been committed in reference to a parliamentary election. 3. (i.) Where upon the trial of an election petition respect- Incapacity of ing a municipal election for a borough or ward of a borough it candidate is found by the report of an election court made in pursuance '■'^P^'^ted of section ninety-three of the Municipal Corporations Act, corrup° 1882, that any corrupt practice, other than treating and undue practice, influence, has been proved to have been committed in refer- 45 & 46 Vict, ence to such election by or with the knowledge and consent ^" 5°- of any candidate at such election, or that the offence of treating or undue influence has been proved to have been committed in reference to such election by any candidate at such election, that candidate shall not be capable of ever holding a corporate office in the said borough, and if he has been elected his election shall be void ; and he shall further be subject to the same incapacities as if at the date of the said report he had been convicted of a corrupt practice. (2.) Upon the trial of an election petition respecting a municipal election for a borough or ward of a borough in which a charge is made of any corrupt practice having been committed in reference to such election, the election court shall report in writing to the High Court whether any of the candidates at such election has been guilty by his agents of any corrupt practice in reference to such election, and if the report is that any candidate at such election has been guilty by his agents of a corrupt practice in reference to such election, that candidate shall not be capable of being elected to or holding any corporate office in the said borougli, during a period of three years from the date of the report, and if he has been elected, his election shall be void. Illegal Practices. 4. (i.) No payment or contract for payment shall, for the Certain purpose of promoting or procuring the election of a candidate exjienditurc at a municipal election, be made — pracUce^ (a.) on account of the conveyance of electors to or from the X 2 3o8 47 & 48 Vict. c. 70. app. in. Expense in excess of maximum to be illegal practice. poll whether for the hiring of horses or carriages, or for railway fares, or otherwise ; or (h.) to an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibi- tion of any address, bill, or notice ; or {c.) on account of any committee room in excess of the number allowed by this Act (that is to say), if the election is for a borough one committee room for the borough, and if the election is for a ward one committee room for the ward, and if the number of electors in such borough or ward exceeds tsvo thousand, one additional committee room for eveiy two thousand electors and incomplete part of two thousand electors, over and above the said two thou- sand. (2.) Subject to such exception as may be allowed in pursu- ance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after a municipal election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this Act, shall also be guilty of an illegal practice. (3.) Provided that where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section. 5. (i.) Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by or on behalf of a candidate at an election, whether before, during, or after an election, on account of or in respect of the conduct or management of such election, save that in the case of an election of a councillor a sum may be paid and expense incurred not in excess of the maximum amount following ; (that is to say,) The sum of twenty-five pounds, and, if the number of electors in the borough or ward exceeds five hundred, an additional amount of threepence for each elector above the first five hundred electors. (2.) Any candidate or agent of a candidate or person who knowingly acts in contravention of this section shall be guilty of an illegal practice. (3.) ^^'here there are two or more joint candidates at an election the maximum amount of expenses shall, for each of such joint candidates, be reduced by one fourth, or if there are more than two joint candidates by one third. (4.) Where two or more candidates at the election, by them- Mitnicipal Corrupt Practices Act, 1884. 309 selves or any agent or agents, hire or use the same committee Apr. III. rooms for such election, or employ or use the services of the same clerks, messengers, or polling agent at such election, or publish a joint address or joint circular or notice at such election, those candidates shall be deemed for the purposes of this enactment to be joint candidates at such election : Provided that — {a.) The employment and use of the same committee room, clerk, messenger, or polling agent, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates : {b.) Nothing in this enactment shall prevent candidates from ceasing to be joint candidates : {c.) Where any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun to conduct his election as a separate candidate, and such ceasing or beginning was in good faith, and such excess is not more than under the circumstances is reasonable, and the total expenses of such candidate do not exceed the maxi- mum amount allowed for a separate candidate, sucli excess shall be deemed to have arisen from a reason- able cause within the meaning of the enactments respecting the allowance by the High Court or election court of an exception from the provisions of this Act which would otherwise make an act an illegal practice, and the candidate may be relieved accordingly from the consequences of having incurred such excess of expenses. 6. (i.) If any person votes or induces or procures any Voting by person to vote at a municipal election, knowing that he or prohibited such person is prohibited, whether by this or any other Act, persons and ^ ■ , , • 1 1 11 1 -1. r -11 1 publishing of from votmg at such election, he shall be guilty of an illegal \^^^^^ 5^^^^. practice. ments of (2.) Any person who before or during a municipal election withdrawal knowingly publishes a folse statement of the withdrawal of a ^° ^^ illegal. candidate at such election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice. (3.) Provided that a candidate shall not be liable, nor shall his election be avoided, for any illegal practice under this section committed without his knowledge and consent. 7. A person guilty of an illegal practice in reference to a runishmcnt municipal election, shall on summary conviction be liable to a ''f j„°"^j^^'°" fine not exceeding one hundred pounds and be incapable ^'^^j.^^,^^ during a period of five years from the date of his conviction of 3IO 47 <^ 4S Vi'cA c. 70. Apr. III. Incapacity of candidate reported guilty of illegal prac- tice. 45 & 46 Vict, c. 50. Providing of money for illegal practice or payment to be illegal payment. Employment of hackney carriages, or of carriages and horses kept for hire. being registered as an elector or voting at any election (whether it be a parliamentary election or an election for a public office within the meaning of this Act) held for or within the borough in which the illegal practice has been conniiitted. 8. (i.) An illegal practice within the meaning of this Act shall be deemed to be an offence against Part Four of the Municipal Corporations Act, 1882, and a petition alleging such illegal practice may be presented and tried accordingly. (2.) Upon the trial of an election petition respecting a municipal election for a borough or ward of a borough in which a charge is made of any illegal practice having been committed in reference to such election, the election court shall report in writing to the High Court whether any of the candidates at such election has been guilty by himself or his agents of an illegal practice in reference to such election, and if the report is that a candidate at such election has been guilty by himself or his agents of an illegal practice in refer- ence to such election, the candidate shall not be capable of being elected to or of holding any corporate office in the said borough during the period for which he was elected to serve, or for which if elected he might have served, and if he was elected, his election shall be void ; and, if the report is that such candidate has himself been guilty of such illegal practice, he shall also be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice. Illegal Payment, Employment, and Hiring. 9. Where a person knowingly provides money for any payment which is contrar}-' to the provisions of this Act, or for any expenses incurred in excess of any maximum amount allowed by this Act, or for replacing any money expended in any such payment, except where the same may have been previously allowed in pursuance of this Act to be an exception, such person shall be guilty of illegal pa}-ment. 10. (i.) A person shall not let, lend, or employ for the purpose of the conveyance of electors to or from the poll at a municipal election, any public stage or hackney carriage, or any horse or other animal kept or used for drawing the same, or any carriage, horse, or other animal which he keeps or uses for the purpose of letting out for hire, and if he lets, lends, or employs such carriage, horse, or other animal, knowing that it is intended to be used for the purpose of the conveyance of electors to or from the poll, he shall be guilty of illegal hiring. (2.) A person shall not hire, borrow, or use for the purpose of the conveyance of electors to or from the poll any carriage, horse, or other animal which he ^knows the owner thereof is prohibited by this section to let, lend, or employ for that purpose, and if he does so he shall be guilty of illegal hiring. 1 Municipal Corrupt Practices Act, 1884. 311 (3.) Nothing in this Act shall prevent a carriage, horse, or App. III. other animal being let to or hired, employed, or used l)y an elector, or several electors at their joint cost, for the purpose of conveying him or them to or from the poll (4.) No person shall be liable to pay any duty or to take out a license for any carriage by reason only of such carriage being used without payment or promise of payment for the con- veyance of electors to or from the poll at an election. 11. Any person who corruptly induces or procures any Corrupt other person to withdraw from being a candidate at a municipal ^^Ij'^^'^^^^!^^^'. election, in consideration of any payment or promise ofj^j^juj^. payment, shall be guilty of illegal payment, and any person withdrawing in pursuance of such inducement or procurement shall also be guilty of illegal payment. 12. (i.) No payment or contract for payment shall, for the Certain ex- purpose of promoting or procuring the election of a candidate |^^"iiig|)^i '" at a municipal election, be made on account of bands of music, payment, torches, flags, banners, cockades, ribbons, or other marks of distinction. (2.) Subject to such exception as may be allowetl in pur- suance of this Act, if any payment or contract for payment is made in contravention of this section, either before, during, or after an election, the person making such payment shall be guilty of illegal payment, and any person being a party to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same was made contrary to law. 13. (i.) No person shall, for the purpose of promoting or Certain em- procuring the election of a candidate at a municipal election, ['^"JjJ"^"} *° be engaged or employed for payment or promise of payment '^ ' '^^^ ' for any purpose or in any capacity whatever, except as follows (that is to say), (a.) a number of persons may be employed, not exceeding^ two for a borough or ward, and if the number of electors in such borough or ward exceeds two thousand one additional person may be employed for every thousand electors and incomplete part of a thousand electors over and above the said two thousand, and such persons may be employed as clerks and messengers, or in either capacity : and ((5.) one polling agent may be employed in each polling station : Provided that this section shall not apply to any engagement or employment for carrying into eftect a contract Iwid fide made with any person in the ordinary course of business. (2.) Subject to such exception as may be allowed m pursuance of this Act, if any person is engaged or employed m contravention of this section, either before, during, or after an election, the person engaging or employing him shall be gmlty 312 47 .) If it appears to an election court * ■" "" that a licensed person has knowingly suffered any bribery or treating in reference to any election to take place upon his licensed premises, such court (subject to the provisions of this Act as to a person having an opportunity of being heard by himself and producing evidence before being reported) shall re- port the same ; and, whether such person obtained a certificate of indemnity or not, it shall be the duty of the Director of PubUc Prosecutions to bring such report before the licensing justices from whom or on whose certificate the hcensed person obtained his licence, and such licensing justices shall cause such report to be entered in the proper register of licences : (c.) Where an entry is made in the register of licences of any such conviction of or report respecting any licensed person as above in this section mentioned, it shall be taken into consideration by the licensing justices in determining whether they will or will not grant to such person the renewal of his licence or certificate, and may be a ground, if the justices think fit, for refusing such renewal. JL _ 328 48 Vict. cc. 9, 10. Apr. III. 41 & 42 Vict. c. 3- 30 & 31 Vict. c. 102. Short title. Letting as furnished house for certain period not to disqualify. Definitions. 45 & 46 Vict, c. SO- MUNICIPAL VOTERS RELIEF ACT, 1885. 48 Vict. c. 9. An Act to relieve Municipal Voters from being disqualified in CO : sequence of letting their Dwelling-houses for short periods. [28th April 1885.] Whereas by the House Occupiers Disqualification Removal Act, 1878, provision was made that a man should be entitled to be registered as an inhabitant occupier of a dwelling-house under the third section of the Representation of the People Act, 1867, notwithstanding that during a part of the quahfying period not exceeding four months in the whole, he should by letting, or otherwise, have permitted the qualifying premises to be occupied as a furnished house by some other person : And whereas it is expedient to extend the said Acts to voters at municipal elections : Be it therefore enacted * "' '" 1. This Act may be cited as the Municipal Voters Relief Act, 1885. 2. From and after the passing of this Act a man shall not be disqualified from being enrolled or voting as a burgess at any municipal election in a borough, in respect of the occupation of any house, by reason only that during a part of the qualify- ing period, not exceeding four months in the whole, he has, by letting or othenvise, permitted such house to be occupied as a furnished dwelling-house by some other person, and during such occupation by another person has not resided in or within seven miles of the borough. 3. In this Act — The expression "burgess" has, in England, the same meaning as in the Municipal Corporations Act, 1882. The expression " municipal election " has, in England, the same meaning as in the Municipal Corporations Act, 1882. Hours of polling. ELECTIONS (HOURS OF POLL) ACT, 1885. 48 Vict. c. 10. An Act to extend the Hours of Polling at ParUajncntary and Municipal Elections. [28th April 1885.] 1. At every parliamentary and every municipal election within the meaning of this Act, the poll (if any) shall commence at eight o'clock in the forenoon, and be kept open 48 & 49 Vict. c. 46. 329 till eight o'clock in the afternoon of the same clay and no Ait. IIL longer. 4. This Act may be cited as the Elections (Hours of Poll) ^'^^^ ^'^^^• Act, 1885. MEDICAL RELIEF DISQUALIFICATION REMOVAL ACT, 1885. 48 & 49 Vict. c. 46. All Act to prevent Medical Relief disqualifying a person from voting. [6th August 1885.] 1. This Act may be cited as the Medical Relief Disqualifi- Short title, cation Removal Act, 1885. 2. — (i.) Where a person has in any part of tlie United Medical Kingdom received for himself, or for any member of his family, '■t"'''-''' ^p^ to any medical or surgical assistance, or any medicine at the ^''*9"^''0'' expense of any poor rate, such person shall not by reason thereof be deprived of any right to be registered or to vote either — {a.) as a parliamentary voter ; or (b.) as a voter at any municipal election ; or (c.) as a burgess ; or {d.) as a voter at any election to an office under the pro- visions of any statute ; but nothing in this section shall apply to the election — {a.) of any guardian of the poor ; or (b.) of any member of any parochial board in Scotland : or (c.) of any other body acting in the distribution of relief to the poor from the poor rate. (2.) Every person shall be qualified to be registered as a voter and to vote as aforesaid wlio would be so qualified if the provisions of this Act had come into force on the fifteenth day of July one thousand eight hundred and eighty-four. 4. The term " medical or surgical assistance " in this Act Definition of shall include all medical and surgical attendance, and all '"ctlical and matters and things supplied by or on the recommendation of ^""^^.^I^^^ , .. . ^, ° . '■ h { . . , , asbistance. the medical officer havmg authority to give such attendance and recommendation at the expense of any poor rate. 330 48 & 49 Vict. c. 62—49 & 50 Vict. c. 57. App. III. Short title. Increase of returning officer's charges in certain cases. PARLIAMENTARY ELECTIONS (RETURNING OEFICERS) ACT, 1885. 48 & 49 Vict. c. 62. An Ad to amend the law relating to the Charges of Returning Officers at Parliamentary Elections. [14th August 1885.] 1. This Act shall be construed, so far as regards England and Ireland, as one with the Parliamentaiy Elections (Return- ing Officers) Act, 1875, and together with that Act may be cited as the Parliamentary elections (Returning Officers) Acts, ]875 and 1885 "" ''■ ''• and this Act may be cited separately as the Parliamentary Elections (Returning Officers) Act, 1885. 4. Notwithstanding the scale of charges laid down in the First Schedule of the Parliamentary Elections (Returning Officers) Act, 1875, it shall be lawful in any county con- stituency in England for the returning officer to charge four guineas for each presiding officer and thirty shillings for each clerk at a polling station. Review of taxation. PARLIAMENTARY ELECTIONS (RETURNING • OFFICERS) ACT (1875) AMENDMENT ACT, 1886. 49 & 50 Vict. c. 57. An Act to amend the provisions of the Parliamentary Elections {Retmning Officers) Act, 1S75. [25th June 1886.] 1. The judge or officer by whom any account or claim is taxed or examined under the Parliamentary Elections (Return- ing Officers) Act, 1875 (herein called the "principal Act"), shall deliver to the returning officer, and to the other party to the taxation or examination, a certificate showing the items and amounts allowed or disallowed, with a copy of any order or judgment made thereon. Either party may, within seven days of the delivery to him of such certificate, give notice in writing to the said judge or officer of intention to appeal, specifying in the notice the items and amounts in respect of which he intends to appeal. The said judge or officer shall thereupon forthwith transmit to the prescribed taxing officer of the superior court the said account or claim, with any vouchers relating thereto, the certificate and the notice of appeal, and such taxing officer shall forthwith proceed to review the taxation or examination in the usual manner, or in such manner as may be prescribed, and shall, if required, receive evidence in relation to the 51 Vict. c. 10. 331 matters in dispute, and may confirm or vary the certificate, Ait. III. and direct by whom all or any part of the costs of review are — ^ — to be paid, and shall return the certificate as confirmed or varied to the said judge or officer with any such direction, and efifect shall be given to a certificate as so confirmed or varied, and to any such direction, as if the same had been a judgment of the court as defined in the principal Act. Any taxation or review of taxation under this Act shall be subject to appeal to the superior court in like manner as any ordinary taxation of costs is now subject. In this Act " superior court " means in England the Queen's Bench Division of the High Court of Justice in England "^ * * '* Prescribed " means prescribed by rules of the superior court in England or Ireland, as the case may be. 2. This Act may be cited as the Parliamentary Elections Short title. (Returning Officers) Act (1875) Amendment Act, iSSC, and shall be read as one with the principal Act. COUNTY ELECTORS ACT, iSSS. 51 Vict. c. 10. A71 Act to provide for the Qualification and Registration of Electors for the purposes of Local Government in England and Wales. [i6th May 188S.] 2. — (i.) For the purpose of the election of county author- Kxtcnsion of ities in England, the burgess qualification, that is to say, the ^'^^g^^ quahfication enacted by section nine of the Municipal Corpora- /q "n,y ^ tions Act, 1882, shall extend to every part of a county not doctors within the limits of a borough, and a person possessing in any outside part of a county outside the limits of a borough such burgess P^""'*^'?^ qualification, shall be entitled to be registered under this Act 45"^J"j6'vict. as a county elector in the parish in which the qualifying pro- c. 50. perty is situate. (2.) Sections nine, thirty-one, thirty-three, and sixty-three of the Municipal Corporations Act, 1882, and any enactments of that or any other Act affecting the same, shall extend to so much of every county as is not comprised within the limits of a municipal borough in like manner as if they were herein re- enacted, with the substitution of " county " for " borough " and of " county elector " for " burgess," and with the other neces- sary modifications. 3. Every person who is entitled to be registered as a voter Occup.ition of in respect of a ten pounds occupation qualification within the [i]^'jjj^."^f ,^ meaning of the provisions of the Registration Act, 1SS5. which ,^\juaiify. are set out in the schedule to this Act, shall be entitled to l)e registered as a county elector, and to be enrolled as a burgess, 332 51 Vict c. 10. App. hi. Roll of county electors. 45 & 46 Vict, c. 50. 48 & 49 Vict. c. 15. Separate list of persons residing within fifteen miles of county. in respect of such qualification, in like manner in all respects as if the sections of the Municipal Corporations Act, 1882, relating to a burgess qualification included the said ten pounds occupation qualification. 7, — (i,) The clerk of the peace of every county shall make up a register of all persons registered as burgesses or county electors in the county, both for the county and for each electoral division into which the county is divided for the purpose of election of the county authority, and such number of copies as the clerk of the peace may require of the list of burgesses as revised shall be delivered by the town clerk to such clerk of the peace for the purpose of making up such register. (2.) The Registration of Electors Acts, and sections forty- five, forty-eight, and seventy-one of the Municipal Corpora- tions Act, 1882, shall apply, for the purposes of this section, with the substitution of clerk of the peace for town clerk, and of county register and division register for burgess roll and ward roll respectively, and of electoral division for ward, and of county fund for borough fund. (4.) Provided that nothing in this section shall prevent a county elector from being registered in more than one division register. (5.) Where in pursuance of section four of the Registration Act, 1885, the revising barrister has power to erase the name of any person as a parliamentar}- voter from division one of the occupiers list, such barrister, in lieu of erasing the name, shall place an asterisk or other mark against the name, and, in printing such lists, the name shall be numbered consecutively with the other names, but an asterisk or other mark shall be printed against the name, and a person against whose name such asterisk or other mark is placed shall not be entitled to vote in respect of such entry at a parliamentary election, but shall have the same right of voting at an election of a county authority as he would have if no such mark were placed against his name. (6.) If under any Act of the present session of Parliament establishing a council for a county any portion of another county is added to that county for the purpose of such election, such portion of the county register as relates to the electors having qualifying property in the said part so added shall be deemed to be part of the county register of the county for which such council is elected, and the clerk of the peace and other officers shall take such steps as may be necessary for giving eft"ect to these enactments. 12. A list of persons occupying property in a county, and residing within fifteen miles, but more than seven miles from the county, shall be made out in accordance with section forty- nine of the Municipal Corporations Act, 1882, and that Local Government Act, 1888. 333 section shall apply as if it were herein re-enacted, with the App. III. substitution of " county " for " borough," and of " county elector " for " burgess," and of " clerk of the peace " for " town clerk." LOCAL GOVERNMENT (ENGLAND AND WALES) ACT, 1888. 51 & 52 Vict. c. 41. An Act to amend the Laws relating to Local Government in England and JVales, and for other purposes connected therewith. [13th August 1 888.] Part L County Councils. Constitution of County Council. 1. A council shall be established in every administrative Establishment county as defined by this Act, and be entrusted with the of county management of the administrative and financial business of '^°""'^"' that county, and shall consist of the chairman, aldermen, and councillors. 2. — (i.) The council of a county and the members thereof Composition shall be constituted and elected and conduct their proceedings ^"^ election in like manner, and be in the like position in all respects, as and^position the council of a borough divided into wards, subject neverthe- of chairman, less to the provisions of this Act, and in particular to the following provisions, that is to say : — (2,) As respects the aldermen or councillors — \a.) clerks in holy orders and other ministers of religion shall not be disqualified for being elected and being aldermen or councillors ; (b.) a person shall be qualified to be an alderman or councillor who, though not qualified in manner pro- 45 & 46 Vict. vided by the Municipal Corporations Act, 1882, as c. 50. applied by this Act, is a peer owning property in the county, or is registered as a parliamentar)- voter in respect of the ownership of property of whatsoever tenure situate in the county ; {c.) the aldermen shall be called county aldermen, and the councillors shall be called county councillors ; and a county alderman shall not, as such, vote in the election of a county alderman ; 334 51 6^ 52 Vict. c. 41. App. III. {d.) the county councillors shall be elected for a term of three years, and shall then retire together, and their places shall be filled by a new election ; and (<;'.) the divisions of the county for the purpose of the election of county councillors, shall be called electoral divisions and not wards, and one county councillor only shall be elected for each electoral division : (3.) As respects the number of the county councillors, and the boundaries of the electoral divisions in every county — {a.) the number of the county councillors, and their appor- tionment between each of the boroughs which have sufficient population to return one councillor and the rest of the county, shall be such as the Local Government Board may determine ; and {h.) any borough returning one councillor only shall be an electoral division ; and {c.) in the rest of the county the electoral divisions shall be such as in the case of a borough returning more than one councillor the council of the borough, and in the rest of the county the quarter sessions for the county, may detemiine, subject in either case to the directions enacted by this Act; and in the case of elections after the first, to any alterations made, in accordance with the said directions, in manner in this Act mentioned : (4.) As respects the electors of the county councillors — the persons entitled to vote at their election shall be, in a borough, the burgesses enrolled in pursuance of the 45 & 46 Vict. Municipal Corporations Act, 1882, and the Acts amending c. 50. the same, and elsewhere the persons registered as county 51 & 52 Vict. electors under the County Electors Act, 1888 : c. lo. (5.) As respects the chairman of the county council — (rt-.) he shall be called chairman instead of mayor ; and {h.) he shall, by virtue of his office, be a justice of the peace for the county ; but before acting as such justice he shall, if he has not already done so, take the oaths required by law to be taken by a justice of the peace other than the oath respecting the qualification by estate. Application of Act to Metropolis as county of London. Application of Act to 3fctropolis. 40. In the application of this Act to the Metropolis, the following provisions shall have effect : — (i.) The Metropolis shall, on and after the appointed day, be an administrative county for the purposes of this Act by the name of the administrative county of London. (4.) The number of the county councillors for the adminis- trative county of London, shall be double the number of Local Government Act, 1888. 5J3 App. III. members which at the passing of this Act, the parliamen- tary boroughs in the metropoUs are authorized by law to return to serve in Parliament; and each such borough, or if it is divided into divisions, each division thereof, shall be an electoral division for the purposes of this Act, and the number of county councillors elected for each such electoral division, shall be double the number of members of Parliament which such borough or division is at the passing of this Act entitled to return to serve in Parlia- ment : (5.) Provided that the number of county aldermen in the administrative county of London, shall not exceed one- sixth of the whole number of county councillors. Application of Act to Special Counties and to Liberties. 46. For the purposes of this Act there shall be enacted the Application provisions following ; that is to say, of Act to (i.) — (a) The ridings of Yorkshire and the divisions of ^'■''^'^'P ^P'-''^'^ Lincolnshire shall respectively be separate adminis- *^'^""^'^' trative counties. (p.) The eastern and western divisions of Sussex, under the County of Sussex Act, 1865, and the eastern and 2S & 29 Vict. western divisions of Suffolk, shall respectively be c. 37. separate administrative counties for the purposes of this Act. if.) The Isle of Ely, and the residue of the county of Cam- bridge, shall be respectively separate administrative counties for the purposes of this Act, and are in this Act referred to as divisions of the county of Cam- bridge. {d.) The soke of Peterborough and the residue of the county of Northampton shall be respectively separate administrative counties for the purposes of this Act, and are in this Act referred to as divisions of the county of Northampton. 48. — (i.) For all purposes of this Act, eveiy liberty and Merger of franchise of a county, wholly or partly exempt from contribution liberties in to the county rate, shall, save as may be otherwise provided by '^*^""'>- or in pursuance of this Act, form part of the county of which it forms part for the purposes of parliamentary elections. (4.) The Cincjue Ports and two ancient towns and their members shall for all purposes of the county council and of the powers and duties of quarter sessions and justices out of sessions under this Act form part of the county in which they are respectively situate without prejudice nevertheless to the position of any such port, town, or member as a quarter sessions borough under the Municipal Corporations Act, 1SS2, 45 ""^ 46 ^"'c^- as amended by this Act, and without prejudice to the existing ^- 5o- 33^ 51 <&" 52 Vict. c. 41. App. III. Power to make Pro- visional Order for Scilly Islands. privileges of such ports, towns, and members as respects matters which are not affected by this Act. 49. — (i.) It shall be lawful for the Local Government Board to make a Provisional Order for regulating the applica- tion of this Act to the Scilly Islands, and for providing for the exercise and performance in those islands of the powers and duties both of county councils and also of authorities under the Acts relating to highways and the Public Health Act, 1875, and the Acts amending the same, and for the application to the islands of any provisions of any Act touching local govern- ment, and any such Order may provide for the establishment of councils and other local authorities separate from those in the county of Cornwall, and for the contribution by the Scilly Islands to the county council of Cornwall in respect of costs incurred by the county council for matters specified in the said Order as benefiting the Scilly Islands, and such Order may also provide for all matters which appear to the Local Govern- ment Board necessary or proper for carrying the Order into full effect. (2.) Any such Order shall not be in force until it is con- firmed by Parliament. (3.) Subject to the provisions of a Provisional Order under this Act, the county council of Cornwall shall have no greater powers or duties in the Scilly Islands than the quarter sessions of Cornwall have hitherto in fact exercised or performed therein, and the Scilly Islands shall not be included for the purposes of this Act in any electoral division of the county of Cornwall. Boundary of county for first election. Part IIL Boundaries. 50. — (i.) The first council elected under this Act for any administrative county shall, subject as hereinafter mentioned, be elected for the county at large as bounded at the passing of this Act for the purpose of the election of members to serve in Parliament for the county : Provided always, that — ((7.) This enactment shall not apply to the boundary between two administrative counties which are portions of one entire county, and in case of those administrative counties, the boundary between the portions, as existing for the purposes of county rate, shall, subject to any change made by or in pursuance of this Act, be the boundary of the administrative county for which the council is elected ; and, (i>.) Where any urban sanitary district is situate partly within and partly without the boundary of such county, the Local Government Act, 1888. 337 district shall be deemed to be within that county App. Ill which contains the largest portion of the population — ' of the district, according to the census of one thousand eight hundred and eighty-one. {c.) Where any portion of an administrative county has before the passing of this Act been transferred to another administrative county for the purposes of the Acts relating to the police or contagious diseases (animals) or otherwise, nothing in this Act shall aftect such transfer. (d.) The wapentake of the ainsty of York (except so much as is included in the municipal borough of York as extended by the York Extension and Improvement Act, 1884), shall for all purposes of this Act be 47 & 4S Vict, deemed to be part of the west riding of the county of ^- "xxxii. York. (2.) The county council elected under this Act shall have for the purposes of this Act authority throughout the adminis- trative county for which it is elected, and the administrative county as bounded for the purpose of the election shall, subject to alterations made in manner hereinafter mentioned, be for all the purposes of this Act the county of such county council. (3.) If any difference arises as to the county which contains the largest portion of the population of any such district as above in this section mentioned, such difference shall be referred to the Local Government Board, whose decision shall be final. (4.) This section applies to an administrative county within the meaning of this Act, save that it shall not apply to the administrative county of London, nor to any county borough, and any place which, though forming part of any such borough for the purposes of the election of members to serve in Parlia- ment, is not within the municipal boundary of such borough shall, notwithstanding anything in the foregoing provisions of this section, form, for the purposes of this section, part of the county in which such place is situate. 61. In the constitution of electoral divisions of a county. Directions for whether for the first election or for subsequent elections, the constitution of following directions shall be observed — • electoral (i.) The divisions shall be arranged with a view to the ' population of each division being, so nearly as con- veniently may be, equal, regard being had to a proper representation both of the rural and of the urban population, and to the distribution and pursuits of such population, and to area, and to the last published census for the time being, and to evidence of any considerable change of population since such census ; (2.) Electoral divisions shall, so fiir as may be reasonably practicable, be framed so that every division shall be 338 51 <^ 52 ^^^'^^- ^- 41- ^pp. III. a county district or ward, or a combination of county — " districts or wards, or be comprised in one county district or ward, but where an electoral division is a portion of a county district or ward, and such portion has not a defined area for which a separate hst or part of a list of voters is made under the Acts relating to the registration of electors, such portion shall, until a new register of electors is made, continue to be part of the district or ward of which it has been treated as being part in the then current register of electors ; (3.) Whenever under the provisions of this section a county district is divided into two or more portions, every such portion shall, as far as possible, consist of an entire parish or of a combination of entire parishes ; (4.) In determining the electoral divisions for the first election, the foregoing provisions shall apply as if, where a rural sanitary district is situate in more than one county, each portion of the district which is situate in the same county were a county district, and any such portion may be combined with a county district, or portion of a county district, although not ad- joining ; (5.) The electoral divisions for the first election shall be fixed on or before the eighth day of November next after the passing of this Act. Provisional 52. — (i.) The Local Government Board shall make Pro- Order as visional Orders for dealing with every case where the council of borSs and a borough is not the urban sanitary authority for the whole of urban sanitary the area of such borough, and the area of the borough is either districts in co-extensive with or is wholly or partly comprised in any same area. urban sanitary district, and such Order shall determine whether the area of the borough or of the sanitary district, or an area comprising both the borough and the urban sanitary district, or a portion of such united area, shall, whether with or without any adjoining area, be the area of the county district for the purposes of this Act, so, however, that in either case the Order shall provide for the council of the borough becoming the district council, and the Order may for that purpose alter the boundaries of the borough, and may, if need be, alter the boundaries of the county ; and if the population exceeds fifty thousand, the Order may constitute the borough into a county borough, and make such provision as may be necessary for carr>-ing this Act into eftect as respect such county borough ; and the provisions of this Act respecting county boroughs shall, subject to the provisions of the Order, apply. (2.) Where certain members of the sanitary authority for any such urban sanitary district are appointed by a university or any colleges therein, the Order may provide for the appoint- Local Government Act, 1888. 339 ment by such university or colleges of members on the district Apr. III. council. (3.) A Provisional Order under this section shall not be of any effect until it is confirmed by Parliament. 54. — (i.) Whenever it is represented by the council of any Future county or borough to the Local Government Board — alterations of {a) that the alteration of the boundary of any county or ^^'^^'"''^s- borough is desirable ; or {b) that the union, for all or any of the purposes of this Act, of a county borough \\\\X\ a county is desirable ; or ('ments made thereunder. 24. The recognizance as security for costs may be acknow- ledged before a judge of the High Court or the Master in town, or a justice of the peace in the country. There may be one recognizance acknowledged by all the sureties, or separate recognizances by one or more, as may be convenient. 25. The recognizance shall contain the name and usual place of abode of each surety, with such sufficient description as shall enable him to be found or ascertained, and may be as follows : — Be it remembered that on the day of _ _ , in the year of our Lord 18 , before me \iiame and descriJ>tion\ came A.B., of [name and description as above prescribed^ and acknowledged himself \or severally acknowledged themselves] to owe to our Sovereign Lady the Queen the sum of five hundred pciinds [or the following sums], (that is to say) the Election Petition Rules, 1883. 357 said CD. the im of £, , the said E.F. the sum App. HI. of^ , the said G^.Z^ the sum of ;^ , and the ssdd/.J^. the sum of ;^ , to be levied on his [or their respective] goods and chattels, lands, and tene- ments, to the use of our said Sovereign Lady the Queen, her heirs and successors. The condition of this recognizance is that if [/lar insert the names of all the petitioners, and if more than one, add, or any of them] shall well and truly pay all costs, charges, and expenses in respect of the election petition signed by him \or them] relating to the \liere insert the name of the borougli\ which shall become payable by the petitioner \or petitioners, or any of them,] under the Municipal Corporations Act, 1882, to any person or persons, then this recognizance to be void, otherwise to stand in full force. Signed, [Signature of sureties J\ Taken and acknowledged by the above-named [name of sureties'] on the at , before me, CD. A justice of the peace [or, as the case may l)e\. 26. The recognizance or recognizances shall be left at the Master's office, by or on behalf of the petitioner in like manner as before prescribed for the leaving of a petition forth- with after being acknowledged. The security may (unless the High Court or a judge thereof shall otherwise order on summons), be given to any amount not less than ;^3oo ; but the High Court or a judge thereof may, on summons taken out within five days from the service of the notice of the nature and amount of the security, order that the same shall be increased within a time to be fixed in the order by further security to be given in the manner directed by the Act, for a further amount, not exceeding with the amount for which security shall have been already given ^^500. And in default of compliance with such order, no further proceedings shall be had on the petition. 27. The time for giving notice of any objection to a recognizance under the 89th section of the Act, sub-section (4), shall be within five days from the date of service of the notice of the petition and of the nature of the security, exclusive of the day of service, or in case of further security within five days after service of notice of the nature thereof, exclusive of the day of such sei^vice. 28. An objection to the recognizance must state the ground or grounds thereof, as that the sureties, or any and which of them, are insufficient, or that a surety is dead, or that he cannot be found, or that a person named in the recognizance has not duly acknowledged the same. 29. Any objection made to the security shall be heard and 358 Election Petition Rides, 1883. App. III. decided by the Master, subject to appeal within five days to a judge, upon summons taken out by either party to declare the security sufficient or insufficient. 30. Such hearing and decision may be either upon affidavit or personal examination of witnesses, or both, as the Master or judge may think fit. 31. If an objection be allowed and the security be declared insufficient, the Master or judge shall in his order state what amount he deems requisite to make the security sufficient, and the further prescribed time to remove the objection by deposit shall be within five days from the date of the order, not including the day of the date, and such deposit shall be made in the manner already prescribed. 32. The costs of hearing and deciding the objections made to the security given shall be paid as ordered by the Master or judge, and in default of such order shall form part of the general costs of the petition. 33. The costs of hearing and deciding an objection upon the ground of insufficiency of a surety or sureties, shall be paid by the petitioner, and a clause to that effect shall be inserted in the order declaring its sufficiency or insufficiency, unless at the time of leaving the recognizance with the Master there be also left with the Master an affidavit of the sufficiency of the surety or sureties sworn by each surety before a justice of the peace, which affidavit any justice of the peace is hereby authorized to take, or before some person authorized to take affidavits in the High Court of Justice that he is seised or possessed of real or personal estate, or both, above what will satisfy his debts, of the clear value of the sum for which he is bound by his recognizance, which affidavit may be as follows : In the High Court of Justice. Municipal Corporations Act, 1882. I A.B., of [as in recognizancc\ make oath and say that I am seised or possessed of real \or personal] estate above what will satisfy my debts, of the clear value Sworn, &c. 34. The order of the Master for payment of costs shall have the same force as an order made by a judge, and may be enforced in like manner as a judge's order in an ordinary proceeding in the High Court of Justice. 35. A copy of every order (other than an order giving further time for delivering particulars, or for costs only), or, if the INIaster shall so direct, the order itself or a duplicate thereof, also a copy of every particular delivered, shall be forth- with filed with the Master, and the same shall be produced at the trial by the registrar, stamped with the official seal. Such order shall be filed by the party obtaining the same, and such jDarticular by the party delivering the same. Election Petition Rnles, 18S3. 359 36. The petitioner or his agent shall, immediately after App. III. notice of the presentation of a petition and of the nature of the proposed security shall have been served, file with the Master an affidavit of the time and manner of service thereof. 37. The days mentioned in rules 7 and 8, and in any rule of court or judge's order, whereby particulars are ordered to be delivered, or any act is directed to be done, so many days before the day appointed for trial, shall be reckoned exclu- sively of the day of delivery, or of doing the act ordered and the day appointed for trial, and exclusively also of Sunday, Christmas-day, Good Friday, and any day set apart for a public fast or public thanksgiving. 38. When the last day for presenting petitions, or filing lists of votes or objections, under rules 7 and 8, or recog- nizances, or any other matter required to be filed within a given time, shall happen to fall on a holiday, the petition or other matter shall be deemed duly filed if put into the letter box at the Master's office at any time during such day ; but an affidavit, stating with reasonable precision the time when such delivery was made, shall be filed on the first day after the expiration of the holidays. 39. The Master shall make out the municipal election list. In it he shall insert the names of the agents of the petitioners and respondents, and the addresses to which notices maybe sent, if any. The list may be inspected at the INIaster's office at any time during office hours, and shall be put up for that purpose upon a notice board appropriated to proceedings under the said Act, and headed " Municipal Election List." 40. The time of the trial of each municipal election petition shall be fixed by the election judges on the rota or any one of them, who shall signify the same to the Master, and notice thereof shall be given in writing by the INIaster by sticking notice up in his office, sending one copy by post to the address given by the petitioner, another to the address given by the respondent, if any, and a copy by the post to the town clerk of the borough to which the petition relates, fifteen days before the day appointed for the trial. The town clerk shall forthwith publish the same in the borough. 41. The sticking up of the notice of trial at the office of the Master shall be deemed and taken to be notice in the prescribed manner within the meaning of the Act, and such notice shall not be vitiated by any miscarriage of or relating to the copy or copies thereof to be sent as already directed. 42. The notice of trial may be in the following form : — Municipal Corporations Act, 1882. Election petition of Borough of Take notice that the above petition [or petitions] 360 Election Petition Rtiles, 1883. App. III. will be tried at on the day of and on such other subsequent days as may be needful. Dated the day of Signed, by order, A.B., The Master appointed under the above Act. 43. A judge may from time to time, by order made upon the application of a party to the petition, or by notice in such form as the judge may direct to be sent to the town clerk, postpone the beginning of the trial to such day as he may name, and such notice when received shall be forthwith made public by the town clerk. 44. In the event of the barrister to whom the trial of the petition is assigned not having arrived at the time appointed for the trial, or to which the trial is postponed, the commence- ment of the trial shall ipso facto stand adjourned to the ensuing day, and so from day to day. 45. No formal adjournment of the court for the trial of a municipal election petition shall be necessary, but the trial is to be deemed adjourned, and may be continued from day to day until the inquiry is concluded. 46. After receiving notice of the petitioner's intention to apply for leave to withdraw, or of the respondent's intention not to oppose, or of the abatement of the petition by death, or of the happening of any of the events mentioned in the 97th section of the Act, if such notice be received after notice of trial shall have been given, and before the trial has commenced, the Master shall forthwith countermand the notice of trial. The countermand shall be given in the same manner, as near as may be, as the notice of trial. 47. If all the respondents shall give notice of their intention not to oppose the petition, and no other person shall be admi.tted as a respondent, the High Court of Justice, or a judge, may either declare the election void or direct the trial to proceed. Notice of such order shall be forthwith given by the Master to the town clerk, and if the election be declared void the office shall be deemed to be vacant from the first day (not being a dies 71071) after the date of such order. The court or judge may also make such order as to costs as may be just. 48. The application to state a special case may be made by motion in the High Court of Justice, or by a summons before a judge thereof. 49. The tide of the court held for the trial of a municipal election petition may be as follows : — " Court for the trial of a municipal election petition for the borough of \or as 77iay be\ between petitioner Election Petition R2iles, 1883. 36I and respondent," Apr. III. and it shall be sufficient so to entitle all proceedings in that court. 50. An officer shall be appointed for each court for the trial of a municipal election petition by the election judges, at the time that they assign the petition to the barrister ; such officer shall attend at the trial in like manner as the clerks of assize and of arraigns attend at the assizes. Such officer may be called the registrar of that court He, by himself, or in case of need, his sufficient deputy, shall perfonn all the functions incident to the officer of a court of record, and also such duties as may be prescribed to him. 51. The Commissioner may appoint a proper person to act as crier and officer of the court. 52. The shorthand writer to attend at the trial of a petition shall be the shorthand writer to the House of Commons for the time being or his deputy, and the Master shall send a copy of the notice of trial to the said shorthand writer to the House of Commons. 53. The amount to be paid to any witness whose expenses shall be allowed by the Commissioner tr>'ing the petition shall be ascertained and certified by the registrar ; or in the event of his becoming incapacitated from giving such certificate, by the Commissioner. 54. The order of the court to compel the attendance of a person as a witness may be in the following fomi : — Court for the trial of a municipal election petition for [complete the title oj- the court] the day of To A.B. [describe the pcrso7i\ You are hereby required to attend before the above court at [place\ on day of at the hour of [or forthwith, as the case may hc\, to be examined as a witness in the matterof the said petition, and to attend the said court until your examination shall have been completed. As witness my hand, A.B., The Commissioner to whom the trial of the said petition is assigned. 55. In the event of its being necessaiy to commit any person for contempt, the warrant may be as follows : At a court holden on at for the trial of a municipal election petition for the borough of before AB., one of the barristers appointed foi the trud of municipal election petitions, pursuant to "The Municipal Corporations Act, 1S82." Whereas CD. has this day been guilty, and is by the said court adjudged to be guilty, of a contempt thereof. The sau court does therefore sentence the saul CD. for his said contempt to be imprisoned in the gaol for calendar 362 Election Petition Rules, 1883. App. III. months \or as may hc\, and to pay to our Lady the Queen a fine of ;Q , and to be further imprisoned in the said gaol until the said fine be paid, and the court further orders that the sheriff of the borough \if any or as the case may be\ and all constables and officers of the peace of any county, borough or place where the said CD. may be found, shall take the said CD. into custody and convey him to the said gaol, and there deliver him into the custody of the gaoler thereof, to undergo his said sentence ; and the court further orders the said gaoler to receive the said CD. into his custody, and that he shall be detained in the said gaol in pursuance of the said sentence. Signed the day of A.B. 56. Such warrant may be made out and directed to the sherifT or other person having the execution of process of the High Court as the case may be, and to all constables and officers of the peace of the county, borough, or place where the person adjudged guilty of contempt may be found, and such warrant shall be sufficient without further particularity, and shall and may be executed by the persons to whom it is directed or any or either of them. 57. All interlocutory questions and matters, except as to the sufficiency of the security, shall be heard and disposed of before a judge, who shall have the same control over the proceedings under the Municipal Corporations Act, 1882, as a judge in the ordinary proceedings of the High Court, and such questions and matters shall be heard and disposed of by any judge of the High Court. 58. Notice of an application for leave to withdraw a petition shall be in writing and signed by the petitioners or their agent. It shall state the ground on which the application is intended to be supported. The following form shall be sufficient : — Municipal Corporations Act, 1882. Borough of Petition of [state petitioners'] presented day of The petitioner proposes to apply to withdraw his petition upon the following ground [here state the ground], and prays that a day may be appointed for hearing his application. Dated this day of (Signed) 59. The notice of application for leave to withdraw shall be left at the blaster's office. 60. A copy of such notice of the intention of the petitioner to apply for leave to withdraw his petition shall be given by the petitioner to the respondent, and to the town clerk, who Election Petition Rules, 1883. 363 shall cause the same to be published in the borough to which App. III. it relates. The following may be the form of such notice : — Municipal Corporations Act, 1882. In the election petition for in which is petitioner and respondent. Notice is hereby given, that the above petitioner has on the day of lodged at the Master's office notice of an application to withdraw the petition, which notice the following is a copy \sct it out]. And take notice that by the rule made by the judges, any person who might have been a petitioner in respect of the said election may, within five days after publication by the town clerk of this notice, give notice in writing of his intention on the hearing to apply for leave to be sub- stituted as a petitioner. (Signed) _ 61. Any person who might have been a petitioner in respect of the election to which the petition relates, may, within five days after such notice is published by the returning officer, give notice, in writing, signed by him or on his behalf, to the Master of his intention to apply at the hearing to be sub- stituted for the petitioner, but the want of such notice shall not defeat such application, if in fact made at the hearing. 62. The time and place for hearing the application shall be fixed by a judge, and whether before the High Court, or before a judge, as he may deem advisable, but shall not be less than a week after the notice of the intention to apply has been given to the Master as hereinbefore provided, and notice of the time and place appointed for the hearing shall be given to such per- son or persons, if any, as shall have given notice to the Master of an intention to apply to be substituted as petitioners, and otherwise in such manner and at such time as the court or judge directs. 6$. Notice of abatement of a petition, by death of the petitioner or surviving petitioner, under section 96, sub-section (i), of the said Act, shall be given by the party or person interested in the same manner as a notice of an application to withdraw a petition, and the time within which application may be made to the High Court, or a judge thereof, by motion or summons at chambers, to be substituted as a petitioner, shall be one calendar month, or such further time as upon consideration of any special circumstances the High Court or a judge thereof may allow. 64. If the respondent dies, any person entitled to be a petitioner under the Act in respect of the election to which the petition relates, may give notice of the fact in the borough by causing such notice to be published in at least one newspaper 364 Election Petition Rules, 1883. App. III. circulating therein, if any, and by leaving a copy of such notice signed by him or on his behalf with the town clerk, and a like copy with the Master. 65. The manner of the respondent's giving notice that he does not intend to oppose the petition shall be by leaving notice thereof in writing at the office of the Master signed by the respondent. 66. Upon such notice being left at the INIaster's office, the Master shall forthwith send a copy thereof by the post to the petitioner or his agent, and to the town clerk, who shall cause the same to be published in the borough. 67. The time for applying to be admitted as a respondent in either of the events mentioned in the 97th section of the Act shall be within ten days after such notice is given as herein- before directed, or such further time as the High Court or a judge thereof may allow. 68. Costs shall be taxed by the Master, or at his request by any Master of the superior court upon the rule of court or judge's order by which the costs are payable, and costs when taxed may be recovered in like manner as if payable under a rule of court, judgment, or order of a judge in the ordinary proceedings in the High Court of Justice, or in case there be money in the Bank available for the purpose, then to the extent of such money by order of the Lord Chief Justice of England for the time being. The office fees payable for inspection, office copies, enrol- ment, and other proceedings under the Act and these rules, shall be the same as those payable, if any, for like proceedings according to the present practice of the High Court of Justice. 69. No proceedings under the Municipal Corporations Act, 1882, shall be defeated by any formal objection. 70. Any rule made or to be made in pursuance of the Act shall be published by a copy thereof being put up at the Master's office. Dated the 17th day of April 1883. C. E. Pollock, H. Manisty, Henry C. Lopes, The judges for the time being on the rota for the trial of Parliamentary Election Petitions. ( 365 ) CROWN OFFICE RULES, 1886. Informations. 46. With the exception of ex-officio informations filed by the Attorney-General on behalf of the Crown no criminal infor- mation or information in the nature of a quo warranto shall be exhibited, received, or filed at the Crown Office Department without express order of the Queen's Bench Division in open court, nor shall any process be issued upon any information other than an ex-officio information, until the person procuring such information to be exhibited shall have filed at the Crown Office Department a recognizance in the penalty of ^^50 effectually to prosecute such information and to abide by and observe such orders as the court shall direct, such recognizance to be entered into before the Queen's coroner and attorney or the master of the Crown Office, or a justice of the peace of the county, borough, or place in which the cause may have arisen. 49. If the prosecutor on any information not ex-officio does not proceed to trial within a year after issue joined, or if the prosecutor causes a nolle prosequi to be entered, or if the defendant be acquitted, (unless the judge at the time of trial certifies that there was reasonable cause for the information,) the court, on motion for the same, may award the defendant his costs to the amount of the recognizance entered into by the prosecutor on filing the information. Quo Warranto. 51. Every application for an information in the nature of a quo warranto shall be by motion to a Divisional Court for an order nisi, unless the same be ex-officio or be made in respect of a corporate office within the meaning of 45 & 46 Vict. c. 50. s. 225. 52. In respect of such a corporate office as in the last preceding rule mentioned, the application shall be by notice of motion to the person affected thereby to be served not less than ten days before the day specified in the notice for making the application. 53. The notice shall set forth the name and description of the applicant, and a statement of the grounds of the applica- tion, and the applicant shall deliver with the notice on service thereof a copy of the affidavits whereby the application will be supported. 54. No order for filing any information in the nature of a quo warranto shall be granted, unless at the time of moving an affidavit be produced by which some person shall depose upon App. III. 366 Crown Office Rides, 1886, Apr. III. oath that such motion is made at his instance as relator; and such person shall be deemed to be the relator in case such order shall be made absolute and shall be named as such relator in such information in case the same shall be filed, unless the Court shall otherwise order. 55. Every objection intended to be made to the title of a defendant on an information in the nature of a quo warranto shall be specified in the order to show cause or notice of motion, and no objection not so specified shall be raised by the relator on the pleadings without the special leave of the court or a judge. 56. The court may discharge an order nisi for an informa- tion in the nature of a quo warranto with or without costs, and in its discretion may, upon such notice as may be just, direct the costs to be paid by the solicitor or other parties joining in the affidavits in support of the application, although he be not the proposed relator. 57. A new relator may by leave of the Court, on notice of motion, be substituted for the one who first enters into the recognizance on special circumstances being shown. 58. Where several orders nisi for informations in the nature of quo waiTanto have been granted against several persons for usurpation of the same offices, and all upon the same grounds of objection, the court may order such orders to be consolidated, and only one information to be filed in respect of all of them, or may order all proceedings to be stayed upon all but one, until judgment be given in that one, provided always that no order be made to consolidate or stay any proceedings against any defendant unless he give an undertaking to disclaim, if judgment be given for the Crown, upon the information which proceeds. 59. If a defendant on an information in the nature of a quo warranto does not intend to defend, he may to prevent judgment by default enter a disclaimer at the Crown Office Department and file a copy there, and deliver another copy to the relator or his solicitor. Upon the disclaimer being filed judgment of ouster may be entered at the Crown Office Department, and the costs taxed as in judgment by default. Appearance to Information. 83. A defendant to any * * * information, * * * must enter or cause to be entered in a book at the Crown Office an appearance to such * * * information. * * * 90. When any information is filed and the defendant is under terms to appear immediately and does not enter an appearance, the prosecutor may serve a notice upon the defendant to appear within five days, and in default of appear- ance may move the court ex parte for leave to enter an Crown Office Rides, 1886. 367 appearance for him, or if the notice was personally served for App. III. an attachment. 94. When any indictment has been found in, or removed into the Queen's Bench Division at the instance of the pro- secutor, or of one or more of several defendants, the prosecutor may, instead of applying for a warrant under rules 85, 86, 87, issue a writ of venire facias against such defendants as are not parties to the removal of the indictment, or defendants under recognizance to answer, or in the case of an information may issue either a subpoena to answer, or a venire facias if it is intended to proceed to outlawry, 95. If the defendant does not appear within four days after the day named in the subpoena to answer, the prosecutor upon filing an affidavit of due service of the subpoena to answer may issue a writ of attachment. Pleadings. (B.) — Pleadiiigs in Quo Warranto. 134. When any information in the nature of a quo warranto has been filed, the defendant may plead to such information within such time, and in like manner as if the imformation were a statement of claim delivered in an action, and subject to these Rules this pleading and all subsequent proceedings, including pleadings, trial, judgment, and execution, shall proceed and may be had and taken as if in an action, and where the judgment is for the relator judgment of ouster may be entered for him in all cases. 135. The prosecutor in answer to a plea that the defen- dant has held and executed the office or franchise for six years before the exhibiting the information may reply any forfeiture, surrender, or avoidance by the defendant within the said six years. (Signed) Halsbury, C. Coleridge, C.J. ESHER, M.R. James Hannen, Prest. P.D.A. Nathl. Lindley, L.J. Edw. Fry, L.J. C. E. Pollock, B. H. Manisty, J. December 18, 1885. INDEX. Note. — The pages from i to 227 refer to the text ; those from 229 to 2$o to the forms and Opinions of counsel ; and those from 25 1 to '^l>'] to the Statutes and Rules in Appendix III. A. ABODE. And see Residence. True abode should be stated in nomination paper, 96 What is a person's abode, 95 ABSENCE, Chairman of Cnunty council not disqualified by, 193, 343 County councillor disqualified by continuous, 193, 194, 277 Fine for continuous, 194, 277 Returning officer, 60 What is continuous, 194 When it destroys residence so as to disqualify for registration as elector, 32 ACCEPTANCE OF OFFICE, Acting in office before making declaration, 187, 1S9, ^76, 27S Declaration on acceptance, 186, 187, 276, 27S ; form, 233 Exemption from service by payment of tine, iSS, 276 Fine for non-acceptance, 186, 278 Notice of election must first be given, iSS Action for, 189, 296 Persons exempt from fine, iSS, 276 ADDRESS, see Bill, Placard, and Poster. ADJOURNMENT, Counting of votes, 147 County aldermen, election of, precedes motion for, 174 Nomination, proceedings on adjudication on objections, 104 ADMINISTRATIVE COUNTY, Alteration of boundaries, union of counties, &c., by Local GoTcni- ment Board, 4, 339 Boundary of, for first election, 2, 336 County borough, I Definition, I, 345 Liberties and franchises, 2, 335 Parts of entire counties, I, 335, 337 ... , Urban sanitary districts and borouglis in same area, provisional order as to, 3, 338 2 B 370 Index. ADVERTISEMENT, Advertising agent may exhibit bills and vote, 82, 308 Distribution of bills, &c., should be entrusted to, 83 Claims for election expenses, 162 Documents that may usefully be advertised, 84 Non-electors, exhibition of iDills, &c., by, 82 AGENTS. And see Clerks and Messengers ; Polling Agent ; Returning Officer. What, candidate may employ for payment, 48 Under M.C.A., 49 M.E.C.I.P.A., 49 B.A., 51 Declaration of secrecy, taking the, 53, 266 Election expenses, agents for, 51, 52 Returning officer cannot act as candidate's agent, 6 1 Volunteer, 53 ALDERMAN, see County Alderman. ALIEN, Cannot vote, 1 1 But if registered, entitled to receive ballot paper, 1 1 Cannot be registered as an elector, 26, 36, 273 Who is, 36 ALMS, see Parochial Relief. AMENDMENT, Election petition, 212 Nomination paper, 104 Voting paper for election of county aldennen, 177 "APPOINTED DAY," What is the, 351 Power of Local Government Board to alter, 16, 351 ARMY AND NAVY, see Officer. ASSOCIATION, see Political Association. "AT LEAST," Means clear days, 88 AUTHORIZED EXCUSE, see Relief. B. BALLOT ACT, And see Ballot Box ; Ballot Paper Application of, to L.G.A., 62 Directory enactments of the, 142 Mandatoi7 enactments of the, 142 BALLOT BOX. And see Ballot Act ; Ballot Paper Cost and statutory allowance for, 66 Delivery to returning officer at close of poll, 135 Travelling expenses for conveyance of, 65, 136 Opening at counting of votes, 139 Providing for the poll, I18 Sealing up, at opening of poll, 124, 260 At close of poll, 134, 261 Showing it empty, and locking before opening of poll, 123, 260 Use of parliamentary or School Board boxes, &c., I17, 257 London School Board boxes, &c., 226, 347 Index. ^ji BALLOT PAPER. And sec Ballot Act; Ballot Box. Form of, ii8 Tendered, 131 Marking with oflkial mark, 125, 260 Erroneously marking with voter's number, 145 Omission to mark with official mark, 126 Delivery to voter, 124, 260 Persons not entitled to receive, 124 Secret marking by voter, 125, 254, 260 Fokling up, 125, 260 Mistaken mark, 127 Showing official mark, 125, 254 Voter shall quit statfon after marking, 126, 260 Voting twice, 126 Voting in two divisions, 127 Spoilt, 127, 261 Rejection of, insufficiently marked, 143 Making up into packets after close of poll, 134, 261 Delivery to returning ofiicer, 135, 262 Delivery to clerk of county council, 151 Destruction after one year, 152 Inspection, 152 BALLOT PAPER ACCOUNT, Filling up, 135, 262 Making up into packets after close of poll, 135 Verification of, by returning ofticer, 149, 263 BANDS OF MUSIC, FLAGS, COCKADES, ETC., Giving or providing, not illegal, 87 Payment or contract for payment for, illegal, 87, 311 BANKRUPT, Ineligible as county councillor, 44, 193, 277 Cesser of dis()uali(ication, 193, 277 BILL, PLACARD AND POSTER, What is an "address, bill or notice," and a "bill, placard, or poster," S3 Distribution of, S3 Name, Sec, of printer, ..*v:c., must ai)pc.-ir thereon, 81, 312 Payment to advertising agent for exhibiting, and to non-elector, 82, 308 ftlust not be " colourable " or excessive, 83 Return of untlelivered circulars, &c., 85 Sandwichmen and bill distributors, 83 Statutory allowance for, given by returning officer, 67 Voter's polling card, nut an address or notice, 84 Use of, and how far it may influence voter, 122 BLIND PERSON, Eligible as county councillor, 24 But exempt from service, 47, 276 Vote, can, 11 ; through presiding ofl'iccr, 127, 260 BOROUGH RETURNING OFFICER, Instructions of county returning ofiicer, shall follow, 56, 341 List of jiersons elected, publication of, by, at uucontc^ted election, 59. 107 ' Obligation to act, 59 Returns names of persons elected to county returning officer, 56, 59, 341 Reviewing decision of, on counting of voles, 59, 147, 341 2 li 2 372 Index. BOROUGH RETURNING OYYICEK- continued. Statutory enactment as to, 56, 341 "Who is the, 56 Writ to, 58, 341 ; form, 246 BURGESS ROLL, see Register of County Electors. C. CANDIDATE. And see County Councillor ; County Alderman. When a person has become a, a question of fact, 154 Meeting to invite person to become a, not an election meeting, 86, 157, 158 Withdrawal of, from nomination, 105, 302 CANDIDATE'S REPRESENTATIVE, Appointment of, 49, loi, 301 ; form, 231 Delivery of, 102, 301 Employment for payment, 49, $1, 52 Usually a solicitor, loi CANVASSER AND CANVASSING, By clerks and messengers, 74 By volunteers, 74 Risks of a volunteer canvass, 74 Precautions to be observed, 75 CARRIAGE, see Conveyance of Voters to the Poll. CASTING VOTE, Chairman, none in choice of, 175 Chairman of county council, at election of, 182, 349 County aldermen, at election of, 178, 281 Returning officer's, on counting of votes, 148, 2S0 CASUAL VACANCY, At first election, 198, 349 Election, how and by whom held, 196 Not within six months of ordinary day of election, 198, 343 Notice and time of election, 197, 282 Returning officer at, before appointed day, 55, 349 How a casual vacancy arises, 196 Several vacancies filled at one election, 197, 278 Term of office of person elected, 196, 277 CHAIRMAN. And see Casting Vote; Chairman of County Council. Chairman of county council, at election of, 182, 183, 348 When he can vote, 183 County alderman, at election of, 174, 348 May preside at his own election, 175 But, if a county alderman, cannot vote, 176 First meeting of provisional council, 181, 348 CHAIRMAN OF COUNTY COUNCIL, Election of, 181, 182, 183, 348 Chairman of meeting, 182, 183, 34S Day of election, 181, 182, 183 First business at meeting, l8l, 1S3 Voters, 183 When a county alderman can vote, 183 Casting vote, 182 Failure to elect, 183, 282 Filling up vacancy, 183 Index. ^^^ CHAIRMAN OF CpUxNTY COUNCIL-..;;//,;;../. Umce, term of, 183 Continuance in, 184 Re-eligibility, 184, 277 Justice of the peace, ex ofricio, 184, wx Precedence, 1S4 Qualification, 181, 274 Exemption Irom service, 181 Not disqualified by absence, 193, 343 Remuneration, 184, 275 CHARITIES. And sec Alms. Subscription to, not an election expense, 158 CHURCH, CHAPEL, OR PLACE OF PUBLIC WORSHIP Election cannot be held in, 103, 282 Poll cannot be taken in, 117, 282 CIRCULAR, see Advertisement : Bill, Placard and Poster. CLERGY, Eligible as county councillors, if qualified under M.C.A., 24, 333 CLERK OF THE COUNTY COUNCIL, Return to, of county councillors elected, loS, 342 Who is the, 108 CLERKS AND MESSENGERS, Appointment, 50, 52 Canvassing ot electors by, 74 Declaration of secrecy, 53, 266 Distribution of adilrcsses, notices, &c., by, S3 Number of, who may be emj>loyed for p.iyment, 50, 52 Vote, may not, if paid, 13, 53, 312 COCKADES, FLAGS, BANNERS, ETC., Giving or providing, not illegal, 87 Payment or contract for payment for, illegal, 87, 311 COMMITTEE, Defmition, 76 Committee-men may be held to be agents, 76 Illegal committees, 77 Detective committees, 77 COMMITTEE-ROOMS, Contract, hiring and payment. So Defmition, 77 Number that may be hired for payment, 79, 30S Places prohibited as committee-rooms, 7S, 312 Clubs and liceiiseil premises, 78, 312 Consequences of hiring and using, 79 Public elementary schools may be used, 79 Rooms lent gratuitously, 80 Used for election purposes should be treated as, 78 •'COMMONLY UNDERSTOOD," Meaning of, 91 CONSENT, Absent candidate, to nomination, loo, 302 ; fonn, 232 CONSTABLES, see Police. 374 Index. CONTRACT OR EMPLOYMENT, What share or interest in, disquaUfies as county councillor, 42, 274 Goods sold or work done, 42 Sub-contractor, 43 ; trustee, 43 Assignment of contract, 43 Contract must be continuing, 43 With pre-existing body, 43 Partner's interest in, 44 Invalid, 43'; secret, 43 CONVEYANCE OF VOTERS TO THE POLL, Illegal hiring, to let, borrow, &c., carriages, &c., 119, 310 Illegal practice, to pay, &c., for voters' conveyance, 119, 307 Difference between the two sections and offences, 120 Voters may be conveyed in borrowed carriages, 120 Not being carriages kept for hire, 121 Exemption from licence duty, 121, 311 Voter may pay for his own conveyance, 122, 311 So may several voters at their joint cost, 122, 311 CORRUPT PRACTICES, Avoidance of election for, 199 Ineligible as county councillor, person guilty of, '\\ 44 Rehtf against, see Election Petition (Exonerating Report). Report of Election Court as to, 216, 287 Vote, person guilty of, cannot, II COUNTING AGENT. And see Counting the Votes. Appointment, 52 Declaration of secrecy by, 53 Notice of counting to be given to, by returning officer, 138 COUNTING ASSISTANT. And see Counting the Votes. Appointment, 63 Declaration of secrecy, 62, 266 Remuneration, 63 Travelling expenses, 62, 65 COUNTING THE VOTES. And see Counting Agent ; Counting Assistant. Preparations for counting, 138 Place of counting, 138 Notice of counting, 138 Hours of counting, 138 Proceedings at counting, 139 Who may be present, 139 Recording, mixing, and counting the papers, 140 Precautions as to secrecy, 141 Bad and doubtful votes ; jurisdiction of returning officer, 141 Reviewing decision of borough returning officer, 147 Ballot papers which shall be rejected, 143 Held bad, 145 Held good, 145 Indorsement on rejected ballot paper, 147 Adjournment of counting, 147 Recounting when votes wrongly cast up, 147 Casting vote, 148, 2S0 Sealing up the packets, 148 Declaration of result, 149, 254 Neglect or refusal to declare result, 150, 283 COUNTY, see Administrative County. Index. 375 COUNTY ALDERMAN, Election of, 173, 174, 34S Day of election, 173, 174 Chairman of meeting, 174, 34S May preside at his own election, 175 But, if a county alderman, cannot vote, 176 First business at meeting, 174 Voters, 175 Number of votes, 176 County alderman cannot, as such, vote, 175 Voting papers, contents and signature, 176, 281 Delivery, amendment and re-delivery, 177 Reading the voting papers, 177, 28 1 Custody, 178, 28 1 Declaration of result, 178, 281 Casting vote, 178, 281 None in choice of chairman, 175 Misnomer or inaccurate description, 17S Failure to elect, 178, 282 Office of, vacating, and term, 179, 274 Retirement, 179, iSo, 274 Re-eligibilily, 180, 277 Continuance in office, 180, 277 Qualification, 173, 274 Exemption from service, 173 Number, 173, 274 London, number of, in, 226, 335 Eligible as county councillor, 25 COUNTY COUNCIL, Area, 2, 337 Constitution, 1,333 County of, 2, 337 Establishment of, i, 333 Incorporation, I London, see London County Council, Style, I COUNTY COUNCILLOR, Absence, continuous, disqualifies, 193, I94» 277 Fine for, 194, 277 t, , a , Apportionment of, by Local Government lloard, 10, 3^4 Bankrupt, &c., ineligible, 44, 193, 277 Blind person eligible, 24 ; but exempt, 47, 276 Clergy eligible, if qualified under M.C. A., 24, 333 Contract or employment, what share or interest m, disqualihcs, 42, Corrupt practices, person guilty of, ineligible, 44 County alderman, whether eligible, 25 Deaf and dumb person, ineligible, 24 DisquaUfication for election, 41 Fine for acting when disqualified, 192, 278 Drunkard, habitual, inelijiible, 24 Exemption from service, 47 Fit person, must be, 22 ; who is a fit person, 24 Idiot, lunatic (unless during lucid intervan, mcligiblc, ^ Illegal practices, person guilty of, ineligible, 45 Infant, ineligible, 24 M.C.A. qualification under the, 22, 273 Must be renistered and entitled to be registered, 23, 1 92, VJl Misapplication of corporate property disqualifies, 44. =94 3/6 Index. COUNTY COUNCILLOR— r^w/Zw/Zf^a, Municipal officers eligible, 24 Number, 16 ; one only for each electoral division, 5, 334 In London, 225, 334 Alteration of, by Local Government Board, 16, 339 Office or place of profit, when it disquaHfies, 41, 273 Peer eligible, 18, 333 Parliamentary ownership voter, when eligible, 19, 333 Property and rating quaUficatibn of, under M.C.A., 19, 22, 23, 273 Qualification, 17 Different kinds of, 17 Not confined to electoral division where registered, 17 Retirement of, ]6 Returning officer, ineligible, 24 Term of office, 16, 334 Treason or felony, person convicted of, ineligible, 46 Validity of acts of person in office, 195, 27S Women, whether eligible, 24 D. DAY OF ELECTION, Fixing of, for first election of county councillors, 89, 346 Sunday should not be fixed, 89 Friday and Saturday unsuitable days, 89, 90 Ordinary day of election of county councillors, 90 County aldermen, 174 Chairman of county council, 181, 182, 183 DEAF AND DUMB PERSON, Ineligible, 24 ; and exempt from service as county councillor, 47, 276 Vote of, when it can be given, 1 1 DEATH, Candidate, 106 Casual vacancy caused by, 196 Returning officer, 60 DECLARATION OF EXPENSES, see Election Expenses, DECLARATION OF SECRECY, Candidate's agent must take, 53, 266 So also, returning officer, Oi, 266 And staff, 61, 266 How taken, 53, 61, 266 DEPUTY RETURNING OFFICER. And see Returning Offic Appointment, 60, 341 ; general or specific, 61 Defects in appointment do not invalidate acts, 62, 29S Infant cannot be appointed, 61 Powers, 60, 61 Remuneration, 6 1 DESCRIPTION, What is a person's, 97 DISTANCES, How measured, 33, 298 DISQUALIFICATION. And see Loss OF Qualification. County councillor, 41 DUMB, see Deaf and Dumb Person. Index. 377 E. ELECTION. And see Nomination ; Notice of Election ; Dav of Election ; Poll ; Counting tik Votes ; County Alderman ; Chairman of County Council. Commencement of, a question of fact, 154 Conduct or management of, when it commences, 154 ; and ends, 157 County councillors and town councillors, elections of, sliall, after the first election, be conducted together, 90, 340 Failure to hold, on appointed day, 91, 2S2 List of persons elected, 107 Mandamus to hold, 91 Nominations equal to or less in number than vacancies, 105, 279 Non-compliance with rules in M.C.A., coasequences of, 96, 167, 283 Separate election for each electoral division, 90 Several divisions, choice of person elected for, 108, 150 Uncontested, returning officer's charges at, 68 Vacancy, casual, election to fill, 196 Valid if not questioned within twelve months, 212, 283 "Want of title of returning officer does not invalidate, 1S9, 27S Writ to borough returning officer, 58, 34 1 ; form, 246 ELECTION EXPENSES, CANDIDATE'S, Agents for payment and settlement of, 51, 52 Distinction at parliamentary and at local government elections, 1 54 Definition, 154 Expenses incurred before election commenced, 155 After election terminated, 157 With reference to elections generally, 158 By candidate's friends out of curiosity, &c.,, 158 Subscriptions, &o., to public charities, &c, 15S Maximum expenditure, 159, 308 Joint candidature, 159, 308 Legal expenses, 160 Illegal expenses, 160 Saving for creditors, 161, 312 Sending in claims ; to whom and within what time, 161, 314 Leave to send in after time, 162, 20j, 315 Advertising for claims, 162 Claim amounting to 20^., 162, 314 Payment of claims ; within what time, 162, 314 By whom, and voucher, 163, 314 Disputed claims, 163 Leave to pay after time, 163, 209, 315 Return and declaration, 163, 314 Agent's return to candidate, 163, 314 Candidate's return and declaration, 164,314; form of declara- tion, 232 Failure to make return or declaration, 164 Insufficient return, 164 False declaration, 165, 315 Return of claims paid by leave, 165, 209, 315 Custody and inspection, 165, 315 Destruction, 165, 316 Authorized excuse, application for, 206, 315 By and to whom, when and how made, notice and endcDce, 206 Parties who may be heard, 207 Order, its tenns and effect, 207 Applications which have been graniei. -07 378 Index. ELECTION EXPENSES, CANDIDATE'S— r^«//«?^^^, Relief where excessive expenditure caused by joint candidature, 208, 309 To whom, when and how application made, and evidence, 208 Order and its effect, 208 ELECTION iNIEETING, Bands of music, flags, cockades, &c., 87, 311 Letting room for, does not disqualify elector, 87 Places prohibited from use for, 86, 312 Selection of candidate, meeting for, is not an election meeting, 86 What is an election meeting, 86 ELECTION PETITION, Grounds for petition, 211 Time for presentation, 211 Corrupt practices, 211, 285 ; after return, 211, 285 Illegal practices, 211, 316 ; after return, 212, 316 Time how reckoned, 212 Amendment, impossible after time for presentation, 212 Service, 212, 286, 355 Security for costs, 212, 285 Particulars, 213, 353 Where general charges are made, 213 Scrutiny and recriminatory lists, 213 Special case, 214, 28S Witnesses and their obligation to answer, 214 Certificate of indemnity and expenses, 214 Trial, 215 Reserving questions of law, 215 Attendance of public prosecutor, 215 Certificate of findings, 215 Report as to corrupt and illegal practices, 216 Special report, 216 Exonerating report, 216 Abatement, 217, 290 Withdrawal, application for, and affidavits, 217 Notice and hearing, 218 Corrupt withdrawal, 218 Costs are in discretion of court, 218 Constituency or third parties guilty, 218, 320 Taxation, 219 ELECTOR, see Voter. ELECTORAL DIVISION, Boundaries, 5, 334 Alteration of, 9, 339 Choice of candidate elected for more than one, 108, 150 Constitution of, 5, 337 Definition, 5 Elector can only nominate in one, 99 Local Government Board, powers of, at first election, 9, 350 London, electoral divisions in, 225 Polling districts, dividing electoral divisions into, 114, 115 Separate election shall be held in each, 90 EMPLOYMENT, see Contract. ERROR, see Mistake. EXCUSE, see Relief and Authorised Excuse. EXEMPTION FROM SERVICE, Persons who are, as county councillors, 47 EXPENSES, see Election Expenses ; Returning Officer. Index. yjc) FELONY, see Treason and Felony. FINE, Acting in office when disqualified, 192, 27S Disqualification by continuous absence, 194, 277 Neglect to conduct or declare election, 59, 150, 2S3 Non-acceptance of oft'ice, 47, 186, 276 Action for, 189, 296 Persons exempt from, 18S, 276 Payment of, when it exempts from sen'icc as county couocillor, 47 Resignation of office, 190, 277 FLAGS, see Cockades, Flags, Banners, etc. FORGERY, Nomination paper, 106, 2S3 " FORTinvrni," Means within a reasonable time, lOl H. HOUSE, WAREHOUSE, COUNTING-HOUSE, ETC., What is a, as qualifying property for elector, 29 Part of house, 29 " Other building," 30 Furnished house, kiting of, does not disqualify for rcgistraii-n, 31 Land or tenement under ten pountls occupation under M.C.A., no, 298 Poll, hours of, 123, 328; counting votes, hours of, 138 Sunday, act required by M.C.A. to be done on a, may be done on the next day, 109, 297 Last day faUing on a, no, 297 TIME TABLES. And see Time, CoMrUTATiON of. First election, 1 69 Proceedings up to day of election, 1 1 1 index. 389 Town clerk, Candidate's representalive, delivciy of appoliUnicnt of, lu, 5S, 102, 301 Withdrawal, delivery of notice of, to, 5b, 105, 302 Day of first election, not fixed by, 58, 90 Nomination papers, providing and supplying, 58, 94. 95 Delivery of, at town clerk's office, 58, 100, 301 Publication of valid nominations, by, 58, 107, 301 Notice to candidates nominated, 5«, loi, 301 Notice of election, preparation, &c., of, by, 58, 88 Signature of, by, 58, 90 Publication of, by, 58, 91 TOWN HALL, Notices, how fixed on, 91, 298 No other place substituted for, 92 Except for adjudicating on nominations, 103 TREASON AND FELONY, Ineligibility of jierson convicted of, 46 Vote, person convicted of, cannot, 12 V. VALUE, What is clear yearly value, 40 VOTER FOR COUNTY ALDERMAN, Who may be, 175 County alderman shall not, as such, vote, 175 Number of votes, 176 Voting papers, contents, and signature, 1 76, 281 Delivery, amendment, and re-delivery, 177 Reading the voting papers, 177, 281 Custody, 178, 28 1 VOTER FOR CHAIRMAN OF COUNTY COUNCIL, Who may be, 183 When a county alderman can vote, 183 VOTER FOR COUNTY COUNCILLOR, Who i?, 10, 25, 26, 38 Must be registered or enrolled, 10, 124 Prohibited persons cannot vote, though on regi.-.ler, 124 Title to vote, 10 Bringing up voters to the poll, 124 ; voting twice, 120 ; at wronc station, 124 ; in two divisions, 127 Aliens, infants, idiots and lunatics, 10 Blind persons can vote, 11, 127, 260 Clerks, messengers, and polling agents, 13, 53, 312 Constables, 12 Corrupt practices, persons guilty of, 1 1 Deaf and dumb persons, 1 1 Illegal practices, persons guilty of, 12 Interference with, when marking vote prohibited, 133, ::55 Jewish and illiterate, 127, 260 London, electors in county of, 226 Oath, none can be administered to, 130 Polling card and its use, 122 ; not an address or notice, 84 390 Indc'x. VOTER FOR COUNTY COUNCILLOR— ^(;«//«//6'